HLS 12RS-350 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 460
BY REPRESENTATIVE ABRAMSON
CIVIL/PROCEDURE: Provides civil procedures for the remediation of oilfield sites
AN ACT1
To amend and reenact R.S. 30:29(C)(1) and (H), relative to the evaluation and remediation2
of oilfield sites and exploration and production sites; to provide for the evaluation3
and remediation of certain sites without admitting certain liability; to provide for the4
joinder of parties; to provide for intervention; to provide for notice; to provide for5
the approval and review of the plan to evaluate or remediate; and to provide for6
related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 30:29(C)(1) and (H) are hereby amended and reenacted to read as9
follows:10
ยง29. Remediation of oilfield sites and exploration and production sites11
* * *12
C.(1) If at any time during the proceeding a party admits liability for13
environmental damage or the finder of fact determines that environmental damage14
exists and determines the party or parties who caused the damage or who are15
otherwise legally responsible therefor, the court (a)(i) The plaintiff or any defendant16
may seek the joinder of any party alleged to be responsible for environmental17
damage arising from activities subject to the jurisdiction of the Department of18
Natural Resources, office of conservation. Notwithstanding that the provisions of19
the Code of Civil Procedure provide for no time delays for joinder, such joinder shall20
be sought within one hundred twenty days of an original or amended petition making21 HLS 12RS-350 ORIGINAL
HB NO. 460
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a judicial demand alleging environmental damage, or within one hundred twenty1
days after July 1, 2012, for suits filed before that date.2
(ii) A third person having an interest may intervene in a pending action to3
enforce a right related to a judicial demand alleging environmental damage arising4
from activities subject to the jurisdiction of the Department of Natural Resources,5
office of conservation. Notwithstanding that the provisions of the Code of Civil6
Procedure provide for no time delays for intervention, such intervention shall be7
within one hundred twenty days of an original or amended petition making a judicial8
demand alleging environmental damage, or within one hundred twenty days after9
July 1, 2012, for suits filed before that date.10
(iii) Evidence of contamination may be submitted to the court only if proper11
notice has been given by the party testing the alleged contamination prior to the12
testing of the alleged contamination. Proper notice shall be given at least thirty days13
prior to the commencement of the testing, shall be issued by registered mail, and14
shall be given to all parties to the action, the court, and the department. Any15
evidence of contamination submitted with the original pleadings shall be admissible16
in court. Any evidence of contamination submitted to the court prior to July 1, 2012,17
shall be admissible in court.18
(b) A party to the action may admit responsibility for environmental damage19
and shall give the court and the department notice of the admission after the20
expiration of the delays for the joinder of parties and for intervention of third parties21
provided for in Subparagraph (a) of this Paragraph.22
(c) Upon receipt by the department of an admission of responsibility23
pursuant to Subparagraph (b) of this Paragraph by any party or notice of the24
determination by the finder of fact that environmental damage exists and25
determination of the party who caused the damage, the department shall issue notice,26
personal and public, of such admission or determination to all current and past27
operators of record, insofar as practicable, based on the records of the department.28
Personal notice shall be given by certified mail, return receipt requested. Public29 HLS 12RS-350 ORIGINAL
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notice shall be sufficient if it contains a description of the property, field, and section1
in dispute and the caption of the original or amended petition alleging environmental2
damage. A full copy of the petition shall be made available for public inspection in3
the offices of the department and on the website of the department. The notice4
provided for in this Subparagraph shall constitute judicial advertisement and legal5
notice as provided by R.S. 43:200 et seq.6
(d) Upon receipt of the admission of responsibility or the finder of fact7
determination of a party causing environmental damage, the court shall, without8
undue delay, and in no case longer than fourteen days, refer the development and9
approval of the most feasible plan to the department. The department shall order the10
party or parties who admit responsibility or whom the court finder of fact finds11
legally responsible for the damage to develop a plan or submittal for the evaluation12
or remediation to applicable standards of the contamination that resulted in the13
environmental damage. The court department shall order that the plan be developed14
and submitted to the department and the court within a time that the court department15
determines is reasonable and shall allow the plaintiff or any other interested party at16
least thirty days from the date each plan or submittal was made to the department and17
the court to review the plan or submittal and provide to the department and the court18
a an alternative plan, comment, or input in other response thereto. Any plan or19
submittal shall include an estimate of the cost to implement the plan. The20
department shall consider any plan, comment, or response provided timely by any21
interested party. The department shall submit to the court a schedule of estimated22
costs for review of the plans or submittals of the parties by the department, and the23
court shall require the party admitting responsibility or the party found legally24
responsible by the court finder of fact to deposit in the registry of the court sufficient25
funds to pay the cost of the department's review of the plans or submittals. Any plan26
or submittal shall include an estimation of cost to implement the plan. When any27
party has admitted responsibility within one hundred eighty days after the expiration28
of the delay for the joinder of parties as provided by Subparagraph (a) of this29 HLS 12RS-350 ORIGINAL
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Paragraph, the court shall not proceed to a trial of any claim until after a plan to1
evaluate and remediate the environmental damage, approved by the department, has2
been submitted to the court. Parties may proceed to the pretrial process during the3
delay to trial, which includes but is not limited to pretrial motions and discovery.4
(e) An admission of responsibility pursuant to Subparagraph (b) of this5
Paragraph shall be an admission of responsibility solely for purposes of the6
evaluation and remediation to applicable regulatory standards of the contamination7
that resulted in the environmental damage and shall not be construed as an admission8
of liability, nor shall such admission be treated by the court as a waiver of any rights9
or defenses, and shall be admissible in court.10
* * *11
H. This Section shall not preclude an owner of land from pursuing a judicial12
remedy or receiving a judicial award for private claims suffered as a result of13
environmental damage, except as otherwise provided in this Section. Nor shall it14
preclude a judgment ordering damages for or implementation of additional15
remediation in excess of the requirements of the plan adopted by the court pursuant16
to this Section as may be required in accordance with the terms of an express17
contractual provision. However, any plan of remediation approved by the18
department shall be admissible as evidence in any action brought by the claimant in19
a court of law. The provisions of this Section, including any admissions made20
pursuant to this Section, shall be published to the jury. Any award granted in21
connection with the judgment for additional remediation is not required to be paid22
into the registry of the court. This Section shall not be interpreted to create any23
cause of action or to impose additional implied obligations under the mineral code24
Mineral Code or arising out of a mineral lease.25
* * *26
Section 2. This Act shall become effective on July 1, 2012; if vetoed by the governor27
and subsequently approved by the legislature, this Act shall become effective on July 1,28
2012, or on the day following such approval by the legislature, whichever is later.29 HLS 12RS-350 ORIGINAL
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DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Abramson HB No. 460
Abstract: Provides procedures for civil actions for the remediation of oilfield sites, for the
joinder and intervention of parties, for the development of remediation plans, and for
the admissibility of evidence.
Present law provides that if a party admits liability for environmental damage or the finder
of fact determines that environmental damage exists and determines the party who caused
the damage, the court shall order the party admitting responsibility, or whom the court finds
legally responsible for the damage, to develop a plan for the evaluation or remediation.
Present law provides that the court shall order that the plan be developed and submitted to
DNR, and the court shall allow the plaintiff or any other party at least 30 days to review the
plan and provide to DNR and the court an alternative plan which shall include an estimation
of the cost of implementation.
Present law requires DNR to consider any plan, comment, or response provided timely by
any party, requires DNR to submit to the court a schedule of estimated costs for review of
the plans of the parties, and requires the party admitting responsibility or the party found
legally responsible by the court to deposit in the registry of the court sufficient funds to pay
the cost of DNR's review of the plans.
Proposed law provides that the plaintiff or any defendant may seek the joinder of any party
alleged to be responsible for environmental damage arising from activities subject to the
jurisdiction of DNR, office of conservation.
Proposed law requires that joinder shall be sought within 120 days of an original or amended
petition making a judicial demand alleging environmental damage, or with 120 days after
July 1, 2012, for suits filed before that date.
Proposed law authorizes a third person having an interest to intervene in a pending action,
but requires the intervention to be within 120 days of an original or amended petition making
a judicial demand alleging environmental damage, or within 120 days after July 1, 2012, for
suits filed before that date.
Proposed law authorizes evidence of contamination to be submitted to the court only if
notice, by registered mail, has been given 30 days prior to the testing of the alleged
contamination.
Proposed law provides that any evidence of contamination submitted with the original
pleadings shall be admissible in court and that any evidence of contamination submitted to
the court prior to July 1, 2012, shall be admissible in court.
Proposed law provides that a party to the action may admit responsibility for environmental
damage and that the party shall give the court and DNR notice of the admission after the
expiration of the delays for the joinder of parties and for intervention of third parties.
Proposed law provides that upon receipt by DNR of an admission of responsibility by any
party or notice of a finder of fact's determination that environmental damage exists and
determination of the party who caused the damage, the department shall issue notice, HLS 12RS-350 ORIGINAL
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personal and public, of such admission or determination to all current and past operators of
record, based on the records of DNR.
Proposed law provides that personal notice shall be given by certified mail, return receipt
requested, and that public notice shall be sufficient if it contains a description of the
property, field, and section in dispute, and the caption of the original or amended petition
alleging environmental damage.
Proposed law requires that a full copy of the petition shall be made available for public
inspection in the offices of DNR and on the website of DNR, which shall constitute judicial
advertisement and legal notice.
Proposed law provides that upon receipt of the admission of responsibility or the finder of
fact determination of a party causing environmental damage, the court shall, within 14 days,
refer the development and approval of the most feasible plan to DNR.
Proposed law provides that DNR shall order a party admitting responsibility or whom the
finder of fact finds legally responsible to develop a plan for evaluation, and that the plan be
developed and submitted to the department and the court within a time that the department
determines is reasonable, and to provide to the department an alternative plan, comment, or
other response.
Proposed law requires any plan submitted to include an estimate of the cost to implement
the plan.
Proposed law provides that when any party has admitted responsibility within 180 days after
the expiration of the delay for the joinder of parties, the court shall not proceed to a trial of
any claim until after a plan to evaluate and remediate the environmental damage, approved
by DNR, has been submitted to the court.
Proposed law provides that parties may proceed to the pretrial process during the delay to
trial, which includes pretrial motions and discovery.
Proposed law provides that an admission of responsibility shall be an admission solely for
purposes of the evaluation and remediation to applicable regulatory standards of the
contamination that resulted in the environmental damage and shall not be construed as an
admission of liability, nor shall such admission be treated by the court as a waiver of any
rights or defenses, and shall be admissible in court.
Present law shall not preclude an owner of land from pursuing a judicial remedy or receiving
a judicial award for private claims suffered as a result of environmental damage, except as
otherwise provided by present law, nor shall it preclude a judgment ordering damages for
or implementation of additional remediation in excess of the requirements of the plan
adopted by the court as may be required in accordance with the terms of an express
contractual provision.
Proposed law provides that any plan or remediation approved by DNR shall be admissible
as evidence in any action brought by the claimant in a court of law and that the provisions
of proposed law, including any admissions, shall be published to the jury.
Effective July 1, 2012.
(Amends R.S. 30:29(C)(1) and (H))