On March 13, 2018, the US Court of Federal Claims sided with landowners seeking compensation from the US Army Corps of Engineers for increased flooding caused by the Corps’ management of the Missouri River. In Ideker Farms, Inc., et al. v. The United States, the court found that 44 initial representative plaintiffs had a
Kean Miller Donates $25,000 To Hurricane Harvey Relief Efforts
As we learned during the flooding in South Louisiana in August of 2016, the help of our neighbors and friends in Texas and around the country strengthened us, and allowed our communities to rebuild and flourish. That’s part of the reason Kean Miller donated a total of $25,000 this week to the Greater Houston Community
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
Louisiana Unfair Trade Practices and Consumer Protection Act Training Required for Mold Remediation Licensing
One of the activities regulated and licensed by the Louisiana State Licensing Board for Contractors is Mold Remediation. Any person engaging in or holding herself/himself out as engaging in mold remediation must have a mold remediation license issued by the Louisiana State Licensing Board for Contractors. Persons violating that prohibition are subject to administrative and
Record Retention Requirements after a Natural Disaster
For several businesses in the Baton Rouge area, one of the many implications of the recent flooding is the loss of business records that are subject to retention requirements under various state and federal laws. In light of the destruction of many such records in the flood, a question arises as to the applicability of
Patented Invention Spotlight – Aqua Dam by Layfield Group
The City of Baton Rouge and the surrounding areas have been struck by devastating floods. Thousands were stranded. The roadways to their homes are flooded and most impassable. Flooding is not new to Louisiana. Just over ten years ago, the state experienced one of the most devastating natural disasters on record with Hurricane Katrina. Since
FEMA: Fact Sheets for Filing Flood Claims and Applying for Individual Assistance
If your home has been damaged by the recent floods in southeast Louisiana, you will need to submit a flood claim, if you have flood insurance. Steps for submitting the claim and reaching agreement with an adjuster on the dollar amount for the covered loss or appealing denial of payment can be found here.
Suspension of Insurance Provisions in Flood Affected Parishes
By emergency declaration issued August 18, 2016, the Commissioner of the Louisiana Department of Insurance adopted Emergency Rule 27. Emergency Rule 27 allows the Department of Insurance to suspend certain statutes in the Louisiana Insurance Code and the rules and regulations promulgated under those statutes that may affect families and business affected by the current
Federal Declaration of Disaster Does Not Suspend Payment of Mortgage, Rent, Car Payments, Student Loans, and Open Accounts
President Obama has declared 20 parishes in Louisiana to be Major Disaster Areas. The presidential declaration recognizes the obvious, grim reality of the tragedy in Louisiana, but more importantly enables flood victims in these parishes to apply for federal disaster assistance from the Federal Emergency Management Authority. A previous article on the Kean Miller Louisiana