THE LOUISIANA DEPARTMENT OF NO. 2024 CW 0603 WILDLIFE AND FISHERIES, ON PAGE 1 OF 2) ITS OWN BEHALF AND ON BEHALF OF THE LOUISIANA WILDLIFE AND FISHERIES COMMISSION; AND STATE OF LOUISIANA EX REL. LOUISIANA DEPARTMENT OF WILDLIFE AND FISHERIES

VERSUS

TENNESSEE GAS PIPELINE CO., L. L. C.; GULF SOUTH PIPELINE CO., LLC; CHEVRON U. S. A.

INC.; CHEVRON U. S. A.

HOLDINGS, INC.; DISCOVERY GAS TRANSMISSION, LLC; SOUTHERN NATURAL GAS COMPANY, L. L. C.; THIRD COAST SEPTEMBER 23, 2024 MONTEGUT, LLC; AND TEXAS EASTERN TRANSMISSION, LP

In Re: Gulf South Pipeline Company, LLC, BBT Louisiana Intrastate, LLC, Chevron Midstream Pipelines, LLC and Chevron U. S. A. Holdings, Inc., Discovery Gas Transmission, LLC, Discovery Producer Services, LLC, and DCP Operating Company, LP, Kinetica Energy Express, LLC, Southern Natural Gas Company, L. L. C. and Tennessee Gas Pipeline Company, L. L. C., Third Coast Montegut, LLC, Texas Eastern Transmission, LP, applying for supervisory writs, 17th Judicial District Court, Parish of Lafourche, No. 145860.

BEFORE: THERIOT, CHUTZ, AND HESTER, JJ.

WRIT GRANTED IN PART WITH ORDER AND DENIED IN PART. The portion of the district court' s May 27, 2024 judgment overruling the dilatory exception of lack of procedural and the capacity peremptory exception of no right of action are reversed. While the petition alleges the Department of Wildlife and Fisheries has the attorney general' s permission, La. R. S. 49: 257( A) provides that " the attorney general shall represent the state and all departments and agencies of state government in all litigation arising out of or involving tort or contract." ( Emphasis added.)

See La. Code Civ. P. art. 931. Moreover, Louisiana Code of Civil Procedure Article 700 provides that when a plaintiff' s qualification to sue as a legal representative is challenged via dilatory exception, the " plaintiff shall prove his authority or qualification on the trial of the exception." Additionally, Louisiana Code of Civil Procedure Article 855 states that the capacity of a party to sue in a representative capacity is presumed unless challenged via dilatory exception. Plaintiff failed to meet its burden of proving its authority to act on behalf of the State of Louisiana and the Louisiana Wildlife and Fisheries Commission and to act without the general' s attorney representation. Accordingly, the dilatory exception of lack of procedural capacity and the peremptory exception of no right of STATE OF LOUISIANA

NO. 2024 CW 0603 PAGE 2 OF 2)

action are granted. This matter is remanded to the district court with instructions to allow the Louisiana Department of Wildlife and Fisheries an opportunity to amend its petition, if it can, to remove the grounds of the objection. La. Code Civ. P. arts. 933 and 934. In all other respects, the writ application is denied.

MRT WRC CHH

COURT OF APPEAL, FIRST CIRCUIT

TY CLERK OF COURT FOR THE COURT