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FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 36 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 20th day of May, 2003, are as follows: BY CALOGERO, C.J.: 2002-C- 2349 LOUISIANA DEPARTMENT OF TRANSPORTATION & DEVELOPMENT v. KANSAS CITY SOUTHERN RAILWAY CO., ET AL. (Parish of Caddo) Accordingly, the judgment of the lower courts are reversed, and the case remanded to the district court for proceedings consistent with this opinion. REVERSED; REMANDED TO DISTRICT COURT.

5/20/03 SUPREME COURT OF LOUISIANA No. 02-C-2349 LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT VERSUS KANSAS CITY SOUTHERN RAILWAY CO., ET AL. ON WRIT OF CERTIORARI TO THE COURT OF APPEAL, SECOND CIRCUIT, PARISH OF CADDO CALOGERO, Chief Justice. Louisiana Department of Transportation and Development ("DOTD") expended several million dollars to remove environmental pollution at a construction site for Interstate 49 in Shreveport, Louisiana. The United States government, through the Federal Highway Administration ("FHWA"), thereafter reimbursed DOTD ninety percent of the remediation costs. DOTD sued, among other defendants, Kansas City Southern Railway Co. ("KCS") under the Louisiana Environmental Quality Act ("LEQA") to recover the clean-up costs, alleging that KCS polluted the site. The courts below held that DOTD's action was limited to the ten percent of clean-up costs it had actually incurred, and that DOTD could not recover the portion of the costs reimbursed to DOTD by the FHWA. We reverse the lower courts and conclude that DOTD may seek judgment against KCS for the full measure of damages caused by its pollution. FACTS AND PROCEDURAL HISTORY Each year, Congress appropriates billions of dollars to subsidize state highway construction projects, and the FHWA apportions these funds among the states. 23 U.S.C.

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