The Louisiana Department of Natural Resources (LDNR) has issued an Emergency Use Authorization to permit certain activities necessary to address the impacts of Hurricane Ida that would normally require a Coastal Use Permit to be issued before the work. This applies only within the Louisiana Coastal Zone. It is intended to complement the emergency use
Pamela Mascari
Louisiana Special Hurricane Reporting Requirements for Hazardous Materials
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 …
New Clean Water Act Section 401 Certification Rule Released; Limited Impacts to LDEQ Certification Process
On July 13, 2020, the EPA released its final rule updating and clarifying the substantive and procedural requirements for water quality certification under Clean Water Act (“CWA”) § 401. This new rule represents the first revision to the applicable regulations since the CWA was enacted in 1971. The new rule replaces the entirety of the…
Louisiana Department of Environmental Quality Issues COVID-19 Order
The Louisiana Department of Environmental Quality (“LDEQ”) issued an Emergency and Administrative Order on March 19, 2020, to address hardships posed to regulated facilities by efforts to combat the COVID-19 virus. See the order here. The Order expires on April 18, 2020. The Order may be extended and/or amended as the situation evolves. At…
U.S. Third Circuit Rules Pipeline Company’s Eminent Domain Rights Under Natural Gas Act Limited by Sovereign Immunity
Pipeline companies may not exercise their powers of eminent domain granted under the federal Natural Gas Act (NGA) in federal courts when seeking to acquire state-owned lands. On September 10, 2019, in In re: PennEast Pipeline Company, LLC, the United States Court of Appeals for the Third Circuit ruled in favor of…
Suddenly Everything Has Changed: United States Supreme Court Adopts an Undefined Uniform Substantial Nexus Standard, Overturns Quill, and Fundamentally Alters the State Tax Landscape in Historic Wayfair Decision
By the Kean Miller State and Local Tax Team
On June 21, 2018, the Supreme Court of the United States issued its opinion in South Dakota v. Wayfair, Inc., Dkt. No, 17-494, 585 U.S. __ (June 21, 2018). In addition to overturning the physical presence substantial nexus standard applicable to use tax collection requirements articulated…