Louisiana 2012 Regular Session

Louisiana House Bill HB460

Introduced
3/12/12  

Caption

Provides civil procedures for the remediation of oilfield sites

Impact

The bill mandates that when an admission of responsibility is made or a finder of fact determines causation, the Department of Natural Resources (DNR) will receive notification and play a central role in guiding the remediation process. It requires that responsible parties develop and submit a feasible evaluation or remediation plan to the DNR and the court within specified timelines. The intent is to ensure all stakeholders, including past operators, are informed and that remediation efforts can begin promptly in line with regulatory standards, without unnecessary court delays.

Summary

HB460 proposes a framework for civil procedures related to the evaluation and remediation of environmental damage specifically at oilfield sites. It amends existing laws to require parties involved in such environmental damage cases to admit responsibility to facilitate remediation without automatically admitting liability. This legislative change is intended to streamline the process of addressing environmental contamination while allowing for the engagement of additional parties who may be implicated in the environmental damage.

Sentiment

Discussions around HB460 appear generally supportive, given the bill's aim to clarify and expedite environmental remediation processes. However, there may be some contention regarding aspects of liability admissions and the balance between accountability and remediation efficiency. Proponents believe that the legislation establishes necessary procedural clarity and supports environmental protection, while critics may express concerns over potential loopholes around accountability for environmental damage.

Contention

One of the key contentious points may arise from the interpretations of what constitutes an 'admission of responsibility' and how this might affect legal liabilities in future claims. Some stakeholders, particularly those affected by oilfield operations, could argue that the provisions in the bill do not go far enough in protecting their rights, potentially leaving them vulnerable to inadequate remediations or insufficient compensatory frameworks. As the bill progresses, it may require further scrutiny to address these nuanced legal implications.

Companion Bills

No companion bills found.

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