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
Louisiana
Statutory Employer: A Louisiana Law Primer
Under Louisiana law, workers’ compensation is the exclusive remedy that an employee may assert against his employer or fellow employees for work-related injury, unless he was the victim of an intentional act. That exclusive remedy also extends to statutory employers.
Workers’ compensation legislation was enacted to provide social insurance to compensate victims of industrial accidents,…
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…
Offshore Service Companies Try Bankruptcy, Lobbying to Improve Their Finances
Large and small offshore service companies are turning to the Bankruptcy Code for help with restructuring their balance sheet, and turning to Washington for help with generating more work.
One of the largest offshore service companies in the world, Tidewater, announced this week that it will file a Chapter 11 bankruptcy petition in Delaware…
Comp Time in the Private Sector Coming?
Under the federal Fair Labor Standard Act, employees are entitled to be paid time and a half their regular rate of pay for all hours worked over 40 in a workweek. Private employees cannot elect, nor can private employers offer, “comp time” in lieu of overtime pay. Private employers can offer (or may be able…
The Louisiana Environmental Whistleblower Statute: Independent Contractors Are Not Covered
The Louisiana Environmental Whistleblower Statute, La. R.S. 30:2027, protects employees who, in good faith, disclose, or threaten to disclose, acts they reasonably believe to be in violation of an environmental law, rule, or regulation. It also protects employees who testify or provide information to a public body about such acts. An employer may not retaliate…
CMS Posts Revisions to Voluntary Self-Referral Disclosure Protocol
By the Kean Miller Health Law Team
On March 27, 2017, the Centers for Medicare and Medicaid Services (CMS) posted revisions to the Voluntary Self-Referral Disclosure Protocol (SRDP), which provides a process for the disclosure of potential or actual violations of the federal physician self-referral law (commonly known as the Stark Law). In an attempt…
U.S. Court of Appeals for the Fifth Circuit Affirms Application of Louisiana’s Subsequent Purchaser Doctrine
On April 18, 2017, the U.S. Court of Appeals for the Fifth Circuit released a published opinion in Guilbeau v. Hess Corp.[1] The court affirmed the application of Louisiana’s subsequent purchaser doctrine to claims for environmental damages allegedly caused by activities of a former mineral lessee prior to the date that the plaintiff…
Latest Personal Jurisdiction Ruling May Spark Increase in Louisiana Asbestos Litigation
For years, plaintiffs in asbestos litigation have been filing suit in the plaintiff-friendly jurisdictions of St. Louis, Missouri and Madison County, Illinois. Some estimate that more than half of all mesothelioma claims filed in the United States are filed in Illinois and Missouri. Many of those claims arise out of alleged exposures completely outside of…
Title VII Prohibits Employment Discrimination Based on Sexual Orientation, Says the Seventh Circuit
On April 4, 2017, the Seventh Circuit Court of Appeals ruled that sexual orientation discrimination is prohibited by Title VII of the Civil Rights Act of 1964.
As previously noted, there has been much debate among the courts regarding the meaning of the term “sex” under Title VII and whether discrimination based on sexual orientation…