Louisiana Senate Bill SB184

Louisiana 2011 Regular Session

• Introduced: 4/25/11
• Refer: 4/25/11

Caption

Provides for the suspension of prescription under certain circumstances relating to the Deepwater Horizon oil spill. (gov sig)

Impact

The bill’s provisions would significantly affect the way legal claims are managed in the wake of large-scale environmental disasters. By instituting a suspension for specific legal deadlines from April 20, 2010, through September 30, 2011, SB184 is designed to ensure that affected parties can bring forth claims without the concern of missing legal time limits during a time of crisis. This could provide critical support for individuals and businesses impacted by the spill as they navigate the aftermath and seek compensation.

Summary

SB184 addresses the challenges presented by the Deepwater Horizon oil spill, which had a significant impact on Louisiana residents and entities. The bill proposes a suspension of certain legal deadlines, specifically prescriptive and peremptive periods, for claims related to the oil spill and its subsequent remediation efforts. The rationale behind this suspension stems from the ongoing investigations into responsible parties and the complexities surrounding the spill's repercussions, making it necessary to protect potential claims during this period.

Sentiment

The sentiment surrounding SB184 appears to be largely supportive, as it aims to alleviate the potential burdens on citizens and local entities facing complex legal scenarios arising from the disaster. By framing the legislation as a remedial and curative measure, proponents highlight its purpose in preventing injustices that could occur if legal deadlines were strictly enforced. However, there may be varying degrees of concern regarding its retroactive application, as this aspect could raise questions about the implications for existing legal frameworks.

Contention

Notable points of contention include the scope of the bill's retroactive application and its implications for existing laws within the Louisiana Civil Code. While many legislators support the bill due to its intended protections for victims of the oil spill, there are concerns about preemption of other legal statutes. The bill emphasizes fairness and the importance of addressing the unique challenges posed by the spill, ensuring that affected parties maintain the right to pursue justice and compensation without being hindered by regulatory deadlines that may not account for extraordinary circumstances.