Baldwin Haspel Burke & Mayer LLC

Environmental Law Updates

Baldwin Haspel Burke & Mayer’s Environmental Law Update is an e-newsletter authored by attorney Beaux Jones, which provides discussions on Louisiana state and federal court decisions and legislative developments concerning environmental-related matters.

15 May 2018

Environmental Law Update: Louisiana First Circuit Reaffirms State’s Lack of Liability for Oyster Lease Claims Related to a Coastal Restoration Project

In Bayou Canard, Inc. v. State of Louisiana, through CPRA, 2017-CA-1067, (La. App. 1 Cir. May 14, 2018), the Louisiana First Circuit overturned a decision by the 19th Judicial District Court, which previously ruled in favor of an oyster company’s…

7 May 2018

Environmental Law Update: Bayou Bridge Pipeline Project Hits Another Snag in St. James Parish

Much has been written about the Bayou Bridge Pipeline and the appropriateness of its Army Corps of Engineers’ permit. However, the pipeline venture has hit another legal hurdle in the form of a state court Coastal Use Permit challenge. In…

13 Mar 2018

Environmental Law Update: Louisiana Sea Grant Update

This is a follow-up to our August 2017 Environmental Law Update entitled “Louisiana Legislature Taps Sea Grant to Find Common Ground in Public Access to Waterways Controversy.” After weeks of staring at our inbox, the much anticipated Louisiana Sea Grant…

24 Jan 2018

Environmental Law Update: The Dusky Gopher Frog Goes to Washington

On Monday, January 22, 2018, the Supreme Court of the United States (“SCOTUS”) announced that it would hear a challenge to the U.S. Fifth Circuit’s decision upholding the U.S. Fish and Wildlife Service’s (“FWS”) critical-habitat designation on 1,500 acres of…

11 Jan 2018

Environmental Law Update: LDEQ Begins Regulatory Process to Create Water Quality Trading Program

Act 371 of the 2017 Regular Legislative Session, which was signed by Gov. John Bel Edwards on June 23, 2017, set out the framework for the Louisiana Department of Environmental Quality (LDEQ) to establish a Water Quality Trading Program (‘WQT…

1 Nov 2017

Environmental Law Update: SLFPA-E Case Dismissal

The alleged pipeline damage case brought by the Southeast Louisiana Flood Protection Authority-East (SLFPA-E) against some 97 oil, gas and pipeline companies (SLFPA-E, et al. v. Tennessee Gas Pipeline Co., et al.) has come to an end. The case, which…

28 Sep 2017

Coastal Use Permitting: Flood Protection Project vs. Potential Mitigation Bank

Living and working in coastal Louisiana requires a constant balancing act between mitigation, adaptation and structural protection. This balance has been put on center stage by a recent coastal use permitting process and judicial review that has pitted a landowner…

12 Sep 2017

Streamlining, Dolphins & Coastal Restoration: How might the proposed Streamlining Environmental Approvals Act of 2017 affect coastal restoration efforts?

Depending on your location, industry and interests, the concept of “streamlining” environmental review processes may invoke either chest pains or a standing ovation. However, as with most issues in Louisiana, it is slightly more complicated. As the state works to…

21 Aug 2017

Conservation Easements: How flexible is too flexible?

For conservation easements[1] there is an inherent struggle between the IRS requirement of perpetuity[2] and the need for flexibility. To ensure the continued conservation of natural resources and habitats, it is important to ensure that easements are not simply undone…

14 Aug 2017

Louisiana Legislature Taps Sea Grant to Find Common Ground in Public Access to Waterways Controversy

In recent months, tension among fishing guides, private anglers, coastal landowners and the State of Louisiana over the public’s right to access waterways has reached a fever pitch. This has prompted several news and law review articles, the formation of…

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