Louisiana House Bill HB389

Louisiana 2011 Regular Session

• Introduced: 4/25/11
• Refer: 4/25/11
• Report Pass: 6/2/11

Caption

Provides for certain releases related to the BP oil spill

Impact

The introduction of HB 389 indicates a legislative attempt to reinforce local governance over the legal landscapes pertaining to the BP oil spill. By asserting Louisiana law in these matters, the bill seeks to address concerns regarding the validity and enforceability of settlements that have been negotiated in the wake of the disaster. This could potentially provide a more favorable context for claimants seeking damages or compensation under state statutes, as opposed to federal oversight.

Summary

House Bill 389 establishes that the laws of Louisiana will govern certain releases and settlements related to the BP oil spill. The bill aims to ensure that any waivers, agreements, or settlements executed within the state concerning the oil spill and its effects are subject to state law. This move serves to clarify the legal framework for addressing claims arising from one of the most significant environmental disasters in U.S. history.

Sentiment

The sentiment surrounding HB 389 appears to be mixed among stakeholders. Proponents likely view the bill as a protective measure for individuals and entities within Louisiana, aiming to re-establish state control over claims that have national significance. Meanwhile, opponents may express concerns about the implications of prioritizing state law when it comes to settlements that may not offer broad or fair compensation, fearing that this could lead to divisions among affected parties or inconsistency in handling claims.

Contention

Notably, the bill underwent amendments prior to its passage, including the removal of provisions regarding future medical claims related to the oil spill. This alteration reflects significant debate about the balance between protecting individuals' rights and ensuring fair compensation while avoiding overly broad legal interpretations that might hinder swift recovery for claimants. The contention surrounding HB 389 underscores the complexities involved in managing the aftermath of the BP oil spill and legal rights at both the federal and state levels.