That was early June, and DNR still hasn't formulated regulations to administer the new process. A special committee charged with drafting the rules has only met twice, and an operating plan ' complete with budget and staff ' is just starting to come together.
The fight involves contaminated oil fields around Louisiana referred to as "legacies," because for generations some oil companies ' not necessarily the current operators ' created them and polluted the land around them. Now, years later, they still haven't been cleaned up, and that makes for a lot of environmental litigation.
The lawsuits were once considered the new tobacco or asbestos litigation. A 2003 decision, Corbello v. Iowa Production, resulted in a $33 million property damage award, but a discouraging trend emerged. Landowners were not always required to use the money to clean up their properties. Business interests claimed juries were creating a hostile business climate by sticking oil companies with huge judgments, and the environmental messes often created by other operators weren't even being cleaned up.
Lawmakers sought a middle ground earlier this year, adopting a compromise of sorts in the regular session. It was the most contentious issue they addressed, pitting oil companies against trial lawyers and landowners.
Each team had a bevy of lobbyists running back and forth during the debates; amendments were hammered out in huddled sessions while lawmakers patiently waited. Don Briggs, president of the Louisiana Oil and Gas Association, was a mastermind behind one of the teams, helping to push the final policy change.
Briggs initially thought it would take "about four months" for the state to have the revised process in place but now realizes it's going to take longer. "I didn't think it was so detailed and complicated that we wouldn't finish it quickly, but quickly for government sometimes means several months," Briggs says. "It was not a perfect piece of legislation, and it's going to take some time until it gets into the courts to see how good or bad it is."
The parties owning or representing contaminated property wanted Louisiana's 231 district courts to oversee the new cleanup process, while oil interests wanted DNR in control. Big Oil won out ' for the most part.
Landowners can still sue oil companies over legacy sites, and the courts still decide who's at fault, but now the state is largely responsible for drafting cleanup plans. Both sides can present their recommendations to the state, but DNR officials have final say over what goes back to the judge for consideration. The trial court would then hold damage awards and make sure cleanups occur.
The legislation also gave DNR's Office of Conservation authority to promulgate the rules and regulations for administering the process, which hasn't formally happened yet, according to Jim Welsh, DNR's conservation commissioner. He says a special committee of representatives from all interested parties first met in July and asked DNR to draft a proposed set of rules.
That draft was distributed at a second meeting Oct. 10. Once a compromise is hammered out, a legislative committee will have final approval following a public hearing. Welsh hopes the entire process is ready by the end of the year.
There are 103 active legacy cases in the courts, but none of them have fallen under the new process yet. Welsh hopes the final product will be in place by the time a case comes across his desk, but there's the possibility his office will have to administer the program with a set of rules that haven't yet had public input or lawmaker approval.
"We would follow the law that was passed the best way we could," says Welsh, who has the authority to promulgate temporary emergency rules. "We would just make management decisions." Until any of this happens, however, the process is largely untested.
Welsh also is waiting on a legislative committee to approve $250,000 for the program, which represents a one-year administrative budget. Civil service has endorsed the hiring of four new staffers for the program, but no one has been hired. Despite all the loose ends, Welsh is confident the new process will be effective.
Opponents aren't so sure. They fear DNR will be overly friendly to the oil industry, a sector it regulates. Sen. Butch Gautreaux of Morgan City pushed an alternative to the legacy bill this year ' one geared more toward environmentalists and landowners ' and says the problems under the old system haven't been addressed under the new act. He suggests the perceived delay in rule-making is evidence of that. "I'm really surprised they have taken this long, and I think they're dragging their feet on it," he says. "I thought this was a real priority, but I guess it really isn't."
Despite lingering administrative questions, Don Carmouche, whose Gonzales law firm is represented on the rules-making committee, says there hasn't been a big rush to settle cases to avoid the new process; in fact, DNR's attorney says no legacy suit has been settled since the law was enacted this summer.
Oddly enough, the man who frequently represents landowners in legacy suits is thus far supportive of the process. "Right now it's going as well as we could have expected," Carmouche says, "and I really believe people in the commissioner's office are doing the best they can."
Local and state agents Thursday night raided The Keg, the popular college bar located in the area known as The Strip, leading to the (at least) temporary closure of the venue.
Here's your daily look at late-breaking national and international news, upcoming events and the stories that will be talked about Friday, April 18, 2014:
Friday's Blogs from the Bog!
Time and time again, the Lafayette Parish School Board shows an overwhelming tendency toward idiocy, but Wednesday night’s contentious discussion over Northside High School’s teen mother program tops the list of dumb discussions.
“The accomplishment of this goal within the next ten years is not only critical for the region to effectively compete with other regions for residents and businesses, but also to provide an amenity for everyone in Acadiana to enjoy.”
Education Superintendent John White says a continued push to try to keep Louisiana from using tests associated with the Common Core education standards are creating "a state of chaos" for public school teachers.
Gov. Bobby Jindal's plan to use $210 million in surplus and one-time money to help balance next year's budget received the backing Thursday of the State Bond Commission, support that was needed for the maneuver to work.
State wildlife and fisheries agents have arrested a 39-year-old man accused of stealing crawfish.
An East Feliciana Parish lawmaker has jettisoned his proposal to make it harder for a condemned prisoner to appeal a death sentence.
Senators advanced a proposal Wednesday that would let the governor remove New Orleans-area levee board members for violating what he considers to be public policy, despite concerns it would introduce political meddling into state flood protection.
The Lafayette City-Parish Council on Tuesday will vote on a resolution that if approved would clear the way for a December ballot proposition asking voters to approve a 1-cent sales tax parishwide to help fund the construction of a new terminal at Lafayette Regional Airport.
Just days before the fourth anniversary of the 2010 Deepwater Horizon disaster and oil spill, the Coast Guard has moved cleanup of Louisiana's coast to a new phase, allowing BP to end its "active" efforts in the area.
Legislators still must leave their guns at the door of the Louisiana Capitol.
Sen. Fred Mills may have an "R" behind his name, but his actions in the Louisiana Legislature transcend the established boundaries of his party.
The Louisiana House overwhelmingly rejected a repeal of the state's unconstitutional anti-sodomy law Tuesday.
The Louisiana Senate sided with Gov. Bobby Jindal and the oil industry Tuesday, agreeing to void a lawsuit that a south Louisiana flood board filed against more than 90 oil and gas companies for coastal damage.
Acadian rep notifies would-be supporters that an April 25 fundraiser for the embattled U.S. rep won’t go on as planned.
While it isn’t all too unusual for public bodies to have hired security present during meetings, the LPSB’s push to do so is arguably a response to the antics of one board member.
“I’m running. Why would I be raising all this money? Just to have to return it to people?”
With incumbent U.S. Sen. Mary Landrieu watching from afar, and with a united Democratic Party in her corner, the fight to get the GOP officially behind Congressman Bill Cassidy is gaining just as much momentum as it is hushed controversy.
15th Judicial District Judge Durwood Conque has announced that he will not seek re-election after 27 years on the bench.
The controversial standardized tests are set to be used in third-grade through eighth-grade public school classrooms next year.
The Louisiana Senate has agreed to prohibit unmanned aircraft from flying over chemical plants, water treatment systems, telecommunications networks and other items considered "critical infrastructure" in Louisiana.
It didn’t take long for KATC TV 3 to jump all over the news of a dead body found in Girard Park, but in its rush to produce headlines, the local TV station got sloppy.
An unholy trinity of civil-society upheavalers whose first names are not Conner, Tanner or Logan are facing charges in Eunice.