Environmental Litigation and Regulation

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As a service to the community and its clients, Kean Miller will present a Post-Katrina Energy Industry Forum on Thursday, October 13th. In addition, the firm will host its Louisiana Environmental Forum on Friday, October 14th. These two important industry events are part of a week-long breakfast briefing series designed to provide innovation, insight and…

Hurricane Katrina will undoubtedly go down in history as the worst natural disaster to hit the United States. The current estimated cost to repair damage from Hurricane Katrina caused has reached $50.0 billion, much of which may be covered by insurance. Hurricane Katrina will have enormous impact on policyholders and their insurers in Louisiana, Mississippi, and Alabama. Policyholders will need to act carefully and in some cases promptly to protect their rights under insurance policies providing coverage for environmental claims, business interruption claims, property loss claims, and general liability claims.
Continue Reading Insurance Claims After Hurricane Katrina

NOTE: THIS OUTLINE IS INTENDED TO PRESENT AN OVERVIEW OF SOME POTENTIALLY HELPFUL PROVISIONS. IT DOES NOT ADDRESS ALL POTENTIAL REGULATORY OPTIONS NOR DOES IT ADDRESS RELEASE REPORTING REQUIREMENTS.

I.Hazardous Waste

The Louisiana Department of Environmental Quality has issued an Emergency Order in response to Hurricane Katrina ; however, while it suspends several of the existing solid waste and asbestos management rules, it does not provide relief from the hazardous waste rules (with the exception of one provision extending the time for accumulation in less-than 90-day tanks and containers). In fact, the emergency order specifically indicates that any hazardous waste generated due to the storm must be segregated from other wastes and must be disposed in a permitted facility. However, mechanisms do exist under the existing rules to address emergency situations, as discussed below. See http://www.ldeq.org/news/pdf/Declarationofemergency.pdf at Section 3.
Continue Reading Management of Hazardous and Solid Wastes in the Aftermath of Hurricane Katrina

Per its website at http://www.laed.uscourts.gov, the United States District Court for the Eastern District of Louisiana has closed until further notice, and has suspended “all deadlines and delays in matters pending before this court…until ordered otherwise.”

In light of the Louisiana Supreme Court’s decision in the Suire case, businesses and industrial concerns may want to consider modification of their indemnity provisions in contracts in order to allow for the litigation of defense and indemnity claims during underlying tort litigation.
Continue Reading Consider Modification of Indemnity Agreements in Light of Louisiana Supreme Court Case

The 5 parish area around Baton Rouge (EBR, WBR, Ascension, Iberville and Livingston) is now subject to a new 8-hour ozone standard. The area is classified as being in “marginal” nonattainment [on a scale of marginal, moderate, serious, severe, and extreme] – so that is pretty good – it means we are close to being in attainment. For those of you in the Lake Charles area and New Orleans area – read this too. You are not out of the woods as your areas are barely in attainment and could go into nonattainment if we have a particularly hot year.
Continue Reading Only You Can Achieve Ozone Attainment

In-house counsel who are employed in Louisiana but are not licensed to practice law here have until July 1, 2005 to file an application for limited licensure to practice under the Louisiana Supreme Court’s new In-House Counsel Rule.
Continue Reading Louisiana In-House Counsel Rule Deadline Approaching