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Environmental Law Updates

Baldwin Haspel Burke & Mayer’s Environmental Law Update is an e-newsletter that provides discussions on Louisiana state and federal court decisions and legislative developments concerning environmental-related matters.

1 Mar 2019

Article: Five Questions to Ask if Your Facility Has a Release

Unexpected or unpermitted releases are a common risk of industrial operations. When they occur at a facility or job site, some of the first questions you may think to ask as a plant owner or employee might include: 1. Do…

22 Feb 2019

Article: La., U.S. Supreme Courts Weigh In By Not Weighing In on Highly Watched Cases

Published in Louisiana Bar Journal Vol. 66, No. 5. Bayou Canard, Inc., v. State, through Coastal Prot. & Restoration Auth., 18-0095 (La. 10/29/18), 254 So.3d 1209 (denying writ). As discussed in the August/September 2018 Louisiana Bar Journal, the Louisiana 1st…

21 Oct 2018

Article: Arguments to Combine Land Loss Suits Rejected

Published in Louisiana Bar Journal Vol. 66, No. 3. In Re: La. Coastal Zone Land Loss Litigation, 317 F.Supp.3d 1346 (Mem) (Multi. D. Lit. 2018.) After being removed to federal court again (the third time for some of the cases),…

8 Aug 2018

Article: A Tale of Two Bayous – Bayou Bridge and Bayou Canard

Published in Louisiana Bar Journal Vol. 66, No. 2. Joseph v. Secretary, La. Dep’t of Nat. Res., No. 38,163, 23rd Jud’l Dist. Ct., St. James Parish. In a case centered around the state Coastal Use Permit (permit) granted by the…

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…

19 Feb 2018

Article: Eastern District Finds Pipeline Companies Owe Duty to Servient Estate Landowner

Published in Louisiana Bar Journal Vol. 65, No. 5. While most court watchers have been focused on the Southeast Louisiana Flood Protection Authority-East’s (SLFPA-E) pipeline damage case’s rise to and burnout at the United States Supreme Court or on the…

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…

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