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."
Despite sweeping changes enacted by Gov. Bobby Jindal's administration, the health insurance program for state workers and public school employees will have to use $88 million from its reserve fund to cover its costs this year.
The LPSB races are sure to get heated between now and Nov. 4, and with only 9 available seats, this year's field of 20 candidates will surely be wanting to set themselves apart from the crowd early; they'll get their chance next week, starting Tuesday with the kick-off of a three-day series of candidate forums.
Lawmakers say they've received complaints that waits have spiked, with people being forced to wait in line for more than an hour — and sometimes three hours — to handle routine tasks.
The campaign announced that Rep. Stuart Bishop of District 43 and Nancy Landry, District 31, have thrown their support behind the Naval Academy graduate and entrepreneur in his bid to unseat current Hunter Beasley in District 8.
A Lafayette man with an alleged taste for child porn was busted Thursday evening during a cyber crime sting launched by the Attorney General’s Office.
U.S. Rep. Vance McAllister says his chief of staff is on temporary leave after being booked with drunken driving.
It was a rare moment in Congress this week as Republicans briefly put aside partisanship in support of President Barack Obama's request to train and arm Syrian rebels, and while a number of Democrats opposed the measure, Louisiana's Democratic Sen. Mary Landrieu found herself on the same side of the issue as her Republican challenger Rep. Bill Cassidy.
Home Depot breach bigger than Target; Alibaba IPO could be big; Rivers' last project and more national and international news for Friday, September 19, 2014.
Friday's Blogs from the Bog!
City-Parish President Joey Durel is asking the council to sign off on a resolution approving a pair of deals that would lead to razing the seedy Lesspay Motel at Four Corners to build a new police substation as well as transforming nearly a block Downtown where the old federal courthouse building now molders into a mixed-use development.
In 2013, the IRS — already the least popular governmental agency in the country — became the target of intense investigations after it was revealed that they had specifically and improperly scrutinized applications for tax-exempt status from organizations associated with the nascent Tea Party movement.
Improving the running game was "a point of emphasis" during the offseason and the results have manifested themselves in the form of substantially greater production.
Louisiana's health department said Wednesday that its evaluation of the state's Medicaid privatization was on target, despite criticism from the legislative auditor that it lacked key data and contained inconsistencies.
The feds converge on your office, seizing records on several employees as part of a pay-for-plea investigation. WWYD? If you’re Mike Harson, you give yourself a $12k raise.
It’s football season and after back-to-back winless weekends for the Saints and the Cajuns many citizens are finding it difficult to be civil much less happy. Well, chew on this.
Considering his repeated stays in the local penal system, David Narcisse Jr. should have known that having a semiautomatic shotgun, even one given to him by a friend, wasn’t the brightest of ideas.
A state district judge on Tuesday threw out a last-minute retirement hike lawmakers gave to the state police superintendent, ending a political firestorm over a pension boost passed without public scrutiny on the last day of the legislative session.
The House has passed a bill to increase oversight of veterans' hospitals under construction, following a report that some medical centers take three years longer to complete than estimated and cost an extra $366 million per project.
An obvious follow-up question for any Republican politician who accuses Democrats of being science deniers is one about science, to which Jindal bobbed and weaved like a welterweight champ.
The Lafayette City-Parish Council is expected to decide tonight (Tuesday) whether to go along with a proposal City-Parish President Joey Durel made in February’s State of the Parish Address and consolidate taxes for mosquito control and the parish health units into a broader tax program that would also cover animal control.
U.S. District Judge Richard Haik has dismissed Greg Davis’ lawsuit against the LPSB, yet in his ruling, the federal judge doesn’t bite his tongue in pointing out the "threat" being posed by certain board members.
Of all the political offices being contested throughout Lafayette Parish, the race for Broussard’s top police post has literally become one of the most heated.
A state district judge is deciding whether to issue an injunction against the enforcement of a last-minute retirement hike that lawmakers gave to the state police superintendent.
A new website is up for Louisiana's state government employees and retirees to choose their health insurance plans for next year, a choice they must make by October.
That fact that New Orleans led both games in the final 10 seconds of regulation, and lost each by a field goal or less, is of little solace.