Baldwin Haspel Burke & Mayer LLC

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 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…

9 Oct 2017

Article: Environmental Whistleblower Statute

Published in Louisiana Bar Journal Vol. 65, No. 3. The Louisiana Environmental Whistleblower Statute, La. R.S. 30:2027, provides protection from retribution (via treble damages) for employees acting in good faith who disclose or threaten to disclose a violation of any…

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…

14 Aug 2017

Louisiana Delegation Introduces the Red Snapper Act of 2017

In a move applauded by recreational anglers, Louisiana’s 6th District Representative Garret Graves (R-LA 6) and Senator Bill Cassidy (R-LA) introduced a bipartisan, cross-chamber bill to drastically change the management of the red snapper[1] fishery in the Gulf of Mexico. The…

7 Aug 2017

Louisiana Supreme Court Clarifies the Meaning of “Good Faith” in Environmental Whistleblower Statute

Siding with a terminated employee and the Louisiana Department of Environmental Quality (LDEQ), the Louisiana Supreme Court clarified the meaning of the phrase “good faith” in the context of the Louisiana Environmental Quality Act (LEQA) whistleblower protection statute, La. R.S….

3 Aug 2017

CPRA Establishes a Natural Resource Damage Banking Program

The final regulations for Louisiana’s new Natural Resource Damage (NRD) Banking Program were published last week in the July edition of the Louisiana Register.[1] This program, which was originally authorized by Act 362 of the 2016 Louisiana Legislative Regular Session,…

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