Louisiana Gov. Bobby Jindal signed Senate Bill 469 on June 6 prohibiting state government entities from filing lawsuits to enforce environmental protection laws. This bill effectively blocks a lawsuit brought by the
The SLFPA-East is an independent government authority responsible for flood protection for the New Orleans area east of the Mississippi River. The authority, which consists of geology, engineering and environmental experts, was created in 2006 to be independent of political pressure.Southeast Louisiana Flood Protection Authority-East against 97 oil and gas companies.
SB 469 states that only government entities listed in the federal Coastal Zone Management Act can bring legal claims about management of Louisiana’s coastal zones. Individual parishes with a plan to manage resources under the Coastal Zone Management Act will be allowed to file for damages.Though the authority didn’t specify the amount it sought for damages, the Coastal Protection and Restoration Authority estimated the cost of restoring and protecting the coastal wetlands in its 2012 Coastal Master Plan to be $250 billion.The authority filed a lawsuit last summer against oil and gas companies for the destruction of coastal wetlands protecting the city. According to the Bureau of Ocean Energy Management, Regulation, and Enforcement, canal dredging and levee construction due to oil and gas activity accounts for 8 to 17 percent of coastal wetlands loss in Louisiana.
Supporters of this bill say the lawsuit brought by the SLFPA-East is a needless attack on a valuable industry and contrary to the state’s public policy. According to the bill’s supporters, these “legacy lawsuits” undermine Louisiana’s coastal restoration work, which includes cooperating with oil and gas companies.
“This bill will help stop frivolous lawsuits and create a more fair and predictable legal environment, and I am proud to sign it into law. It further improves Louisiana’s legal environment by reducing unnecessary claims that burden businesses so that we can bring even more jobs into our state,” Jindal said in a June 6 news release.
The bill’s opponents say the legislation will allow oil and gas companies to avoid any responsibility for the restoration of the coast and wetlands. They worry that the bill will prevent Louisiana citizens from getting reparations for the destroyed land.
Mark Davis, director of the Tulane Institute on Water Resources Law and Policy, said the bill “reaches beyond what it needed to do.”
“We ought not to be giving away public rights without having a more detailed discussion first,” he said.
Robert Twilley, professor at the LSU School of the Coast and Environment, said neither SB 469 nor the SLFPA-East lawsuit will be the solution to Louisiana’s problems.
“You have to think big,” he said. “Whatever we are doing needs to be more comprehensive. We need to look at the Mississippi River and oil and gas.”
Shortly after Jindal signed SB 469, he announced the appointment of Tyrone Ben to replace SLFPA-East President Tim Doody for the board seat representing St. Bernard Parish. Ben said that he has not yet decided if he supports or opposes the lawsuit.