| Advisory opinion request regarding the applicability of the post-employment restrictions for an employee of the Louisiana Department of Conservation and Energy. |
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Prior to the reorganization of the Louisiana Department of Energy and Natural Resources ("DENR") into the Louisiana Department of Conservation and Energy ("C&E"), Reid Bohlinger was employed as Petroleum Scientist Administrator of the Geological Oil and Gas Division within DENR's Office of Conservation. As the Petroleum Scientist Administrator, Mr. Bohlinger provided technical expertise to two Petroleum Scientist Managers, four Petroleum Scientists, and to all other sections within the Office of Conservation. He also helped to develop field order language for new unconventional drilling and exploration and CCUS; he was the designated hearing officer for oil and gas hearings; he provided guidance to the oil and gas industry for legal matters involving unitization; he attended industry meetings and provided clarity to the industry on the rules and regulation in Title 43, Natural Resources, of the Louisiana Administrative Code; and you made final recommendations to the Commissioner of Conservation on complex geological unitization matters.
As a result of DENR's reorganization into C&E effective October 1, 2025, Mr. Bohlinger's position as Petroleum Scientist Administrator was eliminated, as was the Geological Oil and Gas Division and the Office of Conservation, and Mr. Bohlinger was demoted to the position of Petroleum Scientist Manager 1 in the new Permitting Division within C&E's Office of Permitting and Compliance. As a Petroleum Scientist Manager 1, Mr. Bohlinger supervises two Petroleum Scientists; he reviews oil and gas field orders, maps, and other exhibits for accuracy prior to final approval or denial; he provides guidance on all rules, regulations, policies, and unitization matters for the oil and gas industry; and he assists all other divisions and sections with geological and unitization issues.
Since the mandatory demotion and substantial salary decrease have caused Mr. Bohlinger such financial hardship that he can no longer afford to work for C&E, he is looking for external employment in the oil and gas industry as a petroleum geologist consultant, which would require him to testify before the Office of Permitting and Compliance during oil and gas hearings.
Local petroleum geologist consultants work for petroleum consulting firms that are usually hired by legal entities seeking approval of their drilling and exploration plans by the Office of Permitting and Compliance due to the extensive knowledge of Louisiana rules and regulations required. During an oil and gas hearing, a petroleum geologist is sworn in and testifies under oath about the legal entity's drilling and exploration plans. The Office of Permitting and Compliance then reviews all the information, and either approves and adopts the plans or denies them within 30 days of the hearing.
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La. R.S. 42:1121A(1) provides that no former agency head or elected official shall, for a period of two years following the termination of his public service as the head of such agency or as an elected public official serving in such agency, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction, involving that agency or render any service on a contractual basis to or for such agency.
La. R.S. 42:1121B(1) provides that no former public employee shall, for a period of two years following the termination of his public employment, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such former public employee participated at any time during his public employment and involving the governmental entity by which he was formerly employed, or for a period of two years following termination of his public employment, render, any service which such former public employee had rendered to the agency during the term of his public employment on a contractual basis, regardless of the parties to the contract, to, for, or on behalf of the agency with which he was formerly employed.
La. R.S. 42:1121C provides that no legal entity in which a former public servant is an officer, director, trustee, partner, or employee shall, for a period of two years following the termination of his public service, assist another person, for compensation, in a transaction, or in an appearance in connection with a transaction in which such public servant at any time participated during his public service and involving the agency by which he was formerly employed or in which he formerly held office.
La. R.S. 42:1121E provides that, for the purposes of Subsections B and C of this Section, termination of public employment means the termination of employment with the agency which employed the public employee when he participated in the transaction.
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Adopt the proposed Advisory Opinion.
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| Assigned Attorney: |
Jessica Meiners |
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