On September 1, 2017, the Louisiana Department of Environmental Quality (“LDEQ”) updated the emergency order that was issued by the Governor of Louisiana on Thursday, August 24, 2017. That earlier emergency order put the entire State of Louisiana under a declaration of emergency and was to remain in place until Friday, September 22, 2017, unless
Kean Miller
Kean Miller Flood Resources
Unprecedented flooding has severely impacted the City of Houston and Southeast Texas due to Hurricane Harvey. In August 2016, South Louisiana and the Capital Region were affected by a major rain and flood event. In response, Kean Miller created the South Louisiana Flood section of our Louisiana Law Blog as a legal resource for those…
Louisiana Department of Natural Resources Authorizes Relief Including After the Fact Coastal Use Permit Process for Emergencies Resulting from Hurricane Harvey
Effective August 25, 2017, the Secretary of the Department of Natural Resources authorized the performance of activities within the Louisiana Coastal Zone necessary to prevent or to mitigate damages associated with Hurricane Harvey. In the event that new construction is needed for such purposes, an after-the-fact Coastal Use Permit application might be required. The Secretary’s…
Update on Potential Louisiana State Police Requirements – Hurricane Harvey
Just a quick reminder that in 2007, the Louisiana State Police (“LSP”) adopted regulations requiring special reporting requirements for persons “engaged in the transportation of hazardous materials by railcars, vessels, or barges, or the temporary storage of hazardous materials in any storage vessel not permanently attached to the ground” if that activity is within “a…
EPA Administrator Signs Rule Delaying the Effective Date of RMP Rule
On June, 9, 2017, Scott Pruitt signed a final rule delaying the effective date of the RMP rule until February 19, 2019. The Environmental Protection Agency” (“EPA”) stated that it had received 54,117 public comments, 54,000 of which were part of a mass mail campaign, leaving 108 submissions with unique content. A final rule is…
Risk Management Program Rule Delay Decided?
The EPA updated its web page titled “Frequent Questions on the Final Amendments to the Risk Management Program (RMP) Rule” on Monday, June 12, 2017. According to the revised Q&A (page 9):
- When does the rule become effective?
- The effective date of this action has been delayed to February 19, 2019.
It has…
Sequestering of Greenhouse Gases: California Is Considering a Legal Process (How Does That Affect the Rest of Us?)
New projects require air permits and projects at major stationary sources that will emit (or increase) a significant amount of a regulated NSR pollutant, must conduct a control technology review. In order to receive a permit, the applicant must determine the level of control considered Best Available Control Technology (“BACT”) and the permit issuing authority…
U.S. Supreme Court Limits Forum Shopping by Railroad Employees… and by Extension Jones Act Seamen
By the Admiralty and Maritime Team
In the recent case of BNSF Railway Co. v. Tyrrell, the U.S. Supreme Court rejected a blatant forum shopping attempt by two railway employees and limited future lawsuits against out-of-state railroads. In BNSF Railway Co., Robert Nelson of North Dakota and Kelli Tyrrell of South Dakota filed…
Awaiting EPA’s Decision on RMP Delay
On January 13, 2017, the Environmental Protection Agency (“EPA”) published a final rule revising portions of the Risk Management Program (“RMP”) rule. On April 3, 2017, the EPA proposed to delay the effective date of the changes until February 19, 2019 to allow for a reconsideration of these changes. 82 Fed. Reg. 16146 (Apr 3,…
Louisiana Native Scott Angelle to Head the Bureau of Safety and Environmental Enforcement (BSEE)
By the Admiralty and Maritime Team
Scott Angelle, a native of Breaux Bridge, Louisiana, has been appointed by the Trump Administration to head the Bureau of Safety and Environmental Enforcement (“BSEE”). Mr. Angelle first held public office in the late 1980’s. He has since served as a Parish President, Secretary of Louisiana’s Department of Natural…