United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit

FILED January 6, 2023 No. 22-30178 Lyle W. Cayce Clerk

Kirk Menard,

Plaintiff—Appellee,

versus

Targa Resources, L.L.C.,

Defendant—Appellant.

Appeal from the United States District Court for the Middle District of Louisiana USDC No. 3:19-CV-50

Before King, Stewart, and Haynes, Circuit Judges. Per Curiam: This case concerns the proper interpretation of certain provisions of the Louisiana Environmental Whistleblower Statute (“LEWS”). Kirk Menard alleges Targa violated the Statute by discharging him after he refused and reported a manager’s directive to dilute sewage samples. The district court denied Targa’s motion for summary judgment and, following a bench trial, rendered judgment for Menard. Targa argues on appeal that Menard’s report of the manager’s directive and refusal to comply do not constitute “protected activities” under LEWS. Because we lack clear guidance from the Louisiana Supreme Court on how to resolve these issues, and the Case: 22-30178 Document: 00516600643 Page: 2 Date Filed: 01/06/2023

No. 22-30178

outcome is determinative of the entire appeal, we respectfully CERTIFY questions to the Louisiana Supreme Court. CERTIFICATE FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT TO THE SUPREME COURT OF LOUISIANA, PURSUANT TO RULE XII, LOUISIANA SUPREME COURT RULES. TO THE SUPREME COURT OF LOUISIANA AND THE HONORABLE JUSTICES THEREOF:

I. Style of the Case

The style of the case in which this certification is made is Menard v. Targa Resources, L.L.C., No. 22-30178, in the United States Court of Appeals for the Fifth Circuit. The case is on appeal from the United States District Court for the Middle District of Louisiana. Federal jurisdiction is based on the parties’ diversity of citizenship.

II. Background

This suit implicates a provision of LEWS which prohibits businesses from retaliating “against an employee, acting in good faith, who . . . [d]iscloses” an employer’s practice that he “reasonably believes” violates an environmental law or regulation. La. Stat. Ann. § 30:2027(A)(1). In June 2018, Kirk Menard began working as an environmental, safety, and health specialist at Targa’s Venice, Louisiana plant. His job duties included ensuring Targa complied with various state and federal environmental and safety standards. Menard reported to two individuals—his “official supervisor,” who resided at another facility, and an “indirect supervisor,” who served as an area manager for the Venice

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plant. Menard’s indirect supervisor, in turn, reported to Perry Berthelot, a Targa District Manager. On an October 5 conference call—which included Berthelot— Menard reported that the total suspended solids in certain recen