Opinion
No. 07-CA-2371.
September 19, 2008.
On Rehearing.
REHEARING GRANTED IN PART AND OTHERWISE DENIED. The following paragraph which appears on page 30 on this Court's Slip Opinion dated July 1. 2008, is deleted:
Retired Judge Robert Klees, assigned as Associate Justice Ad Hoc sitting for Chief Justice Pascal F. Calogero, recused.
In making this determination, we hasten to add that Act 312 exempts from its application all cases in which a contractual agreement exists between the parties that contains a remediation provision that exceeds state standards. La.Rev.Stat. §§ 30:29 (A) and (H). It is only when no such proviso exists, that Act 312 mandates the state's involvement.
Footnote seven of this Court's opinion is also amended to show that Exxon Mobil's declinatory and dilatory exceptions were neither heard nor decided by the Trial Court on August 28, 2006.
In all other respects, the rehearing applications of the State of Louisiana and Exxon Mobil Corporation are denied.