Louisiana Revised Statutes & Codes

La. Rev. Stat. § 30:16 (2026)

If the commissioner fails to bring suit within ten days to restrain a violation as provided in R.S. 30:14, any person in interest adversely affected by the violation who has notified the commissioner in writing of the violation or threat thereof and has requested the commissioner to sue, may bring suit to prevent any or further violations, in the district court of any parish in which the commissioner could have brought suit. If the court holds that injunctive relief should be granted, the commissioner shall be made a party and shall be substituted for the person who brought the suit and the injunction shall be issued as if the commissioner had at all times been the complaining party.

✓ current as of May 2026

Find cases: SyfertCases citing this section LA-LEGlegis.la.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

§16. Suit by party in interest upon commissioner's failure to sue

If the commissioner fails to bring suit within ten days to restrain a violation as provided in R.S. 30:14, any person in interest adversely affected by the violation who has notified the commissioner in writing of the violation or threat thereof and has requested the commissioner to sue, may bring suit to prevent any or further violations, in the district court of any parish in which the commissioner could have brought suit. If the court holds that injunctive relief should be granted, the commissioner shall be made a party and shall be substituted for the person who brought the suit and the injunction shall be issued as if the commissioner had at all times been the complaining party.

Notes of Decisions

Cited in 15 cases (2 in the last 5 years), 1965–2025 · leading case: Marin v. Exxon Mobil Corp., 48 So. 3d 234 (La. 2010).

Sort: Relevance Newest Treatment

Marin v. Exxon Mobil Corp., 48 So. 3d 234 (La. 2010). · cites it 2× “R.S. 30:16. [19] Likewise, in Broussard v.”

Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 79 So. 3d 246 (La. 2011). · cites it 4× “R.S. 30:16 provides, in pertinent part: "the basic mineral rights that may be created by a landowner are the mineral servitude, the mineral royalty, and the mineral lease.”

Wagoner v. Chevron USA Inc., 55 So. 3d 12 (La. Ct. App. 2010). · cites it 2× “R.S. 30:16. (Emphasis theirs). The circuit courts are split on whether a subsequent purchaser has the right to sue for property damages that occurred before he purchased the property.”

Tureau v. B E P C O L P (W.D. La. 2019). · cites it 52× “R.S. 30:16. Marin, 48 So.3d at 256 n.18 (emphasis in original).”

Guilbeau v. B E P C O L P (W.D. La. 2019). · cites it 51× “R.S. 30:16. Marin, 48 So.3d at 256 n.18 (emphasis in original).”

Mills v. Davis Oil Co., 11 F.3d 1298 (5th Cir. 1994). · cites it 2× “R.S. 30:16 provides that a private party such as Mills can bring civil action against a violator of the provisions of Chapter 1 of Title 30 only if the Commissioner has been requested to take action against such violator in writing, and the Commissioner has refused to do so.”

Global Mktg. Solutions, L. L.C. v. Blue Mill Farms, Inc., 267 So. 3d 96 (La. Ct. App. 2018). · cites it 11× “R.S. 30:16. On November 6, 2015, the Commissioner sent a compliance order to Chevron seeking a work plan for assessing soil and groundwater conditions at the site at issue.”

State of Louisiana v. B P Am. Prod. Co (W.D. La. 2022). · cites it 10× “Two years later, after no action was taken by the Commissioner, Grace Ranch filed the instant lawsuit against Defendants in the same state district court that dismissed its prior lawsuit.”

Conner v. Chevron U S A Inc (W.D. La. 2020). · cites it 7× “R.S. § 30:16. See Tureau, supra; Watson, supra; Guilbeau, supra.”

Mills, III v. Davis Oil Co., 11 F.3d 1298 (5th Cir. 1994). · cites it 3× “R.S. 30:16 provides that a private party such as Mills can bring civil action against a violator of the provisions of Chapter 1 of Title 30 only if the Commissioner has been requested to take action against such violator in writing, and the Commissioner has refused to do so.”

Guarisco v. Trahan, 173 So. 2d 304 (La. Ct. App. 1965). “s in pertinent part: “Whenever it appears that a person is violating or is threatening to violate a law of this state with respect to the conservation of oil or gas, or both, or a provision of this Chapter, or a rule, regulation, or order made thereunder, the commissioner shall…”

Show all 15 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.