The 19th Judicial District Court in Baton Rouge, Louisiana issued a decision on September 14, 2022, vacating a proposed industrial facility’s permit issued by the Louisiana Department of Environmental Quality (“LDEQ”) and finding that LDEQ violated the federal Clean Air Act and its duty under the Public Trust Doctrine.[1] Although the decision concerns
Baton Rouge
FEMA: Fact Sheets for Filing Flood Claims and Applying for Individual Assistance
By Carrie Tournillon on
Posted in South Louisiana Flooding
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
By Alan Berteau on
Posted in South Louisiana Flooding
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…
The Flood of 2016: Reduced Property Taxes
Property taxes in Louisiana are generally based on the status and condition of taxable property on January 1 of each tax year. For Baton Rouge and surrounding areas devastated by the recent flooding that could mean paying property taxes on homes and business property based on the condition of property before the floods.
Fortunately, Louisiana…
The Flood of 2016: Employment Issues For Businesses
As the flood waters begin to recede, and South Louisiana begins to dry out and recover from the recent flooding, Louisiana employers also face recovery issues, including how to address employee needs. Although there is no rule of thumb that applies to all situations, common sense, consistency, and compassion can go a long way. Flexibility,…
Landlord and Tenant Rights and Obligations in Light of Louisiana Flooding
By Kean Miller on
The recent flooding of the Baton Rouge and surrounding communities has ravaged property, devastated lives, and impacted businesses. Much of the legal discussion surrounding the flooding in Louisiana will inevitably involve the ins and outs of flood insurance and FEMA assistance. However, there are other legal implications of the floods that need some consideration, such…