HLS 12RS-533 ORIGINAL
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Regular Session, 2012
HOUSE BILL NO. 463
BY REPRESENTATIVE ABRAMSON
CIVIL/PROCEDURE: Provides relative to pleadings and discovery in certain civil actions
AN ACT1
To enact Code of Civil Procedure Articles 466, 1095, 1422.2, and 1468.1, relative to2
pleadings and discovery in certain civil actions; to provide for the joinder of certain3
parties; to provided for intervention; to provide for procedures and effects of4
admissions of responsibility; to provide for notice; to provide for admissibility of5
certain evidence; to provide for the pleading of alternative remedies or damages; and6
to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Civil Procedure Articles 466, 1095, 1422.2, and 1468.1 are9
hereby enacted to read as follows:10
Art. 466. Permissive joinder in actions for environmental damages11
A plaintiff or any defendant may seek the joinder of any party alleged to be12
responsible for environmental damages arising from activities subject to the13
jurisdiction of the Department of Natural Resources, office of conservation. Such14
joinder shall be sought within one hundred twenty days of an original or amended15
petition making a judicial demand alleging environmental damage, or within one16
hundred twenty days after July 1, 2012, for suits filed prior to that date.17
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Art. 1095. Intervention of third person in actions for environmental damages1
A third person having an interest may intervene in a pending action to2
enforce a right related to a judicial demand alleging environmental damage arising3
from activities subject to the jurisdiction of the Department of Natural Resources,4
office of conservation. Such intervention shall be within one hundred twenty days5
of an original or amended petition making a judicial demand alleging environmental6
damage, or within one hundred twenty days after July 1, 2012, for suits filed prior7
to that date.8
* * *9
Art. 1422.2. Scope of discovery; required notice and admissibility of testing of10
contamination in actions for environmental damages11
Evidence of contamination in actions for environmental damages arising12
from activities subject to the jurisdiction of the Department of Natural Resources,13
office of conservation, may be submitted to the court only if proper notice has been14
given by the party testing the alleged contamination prior to the testing of the alleged15
contamination. Proper notice shall be given at least thirty days prior to the16
commencement of the testing, shall be issued by registered mail, and shall be given17
to all parties to the action, the court, and the department. Any evidence of18
contamination submitted with the original pleadings shall be admissible in court.19
Any evidence of contamination submitted to the court prior to July 1, 2012, shall be20
admissible in court.21
* * *22
Art. 1468.1. Admissions of fact in actions for environmental damages23
A. A party to an action alleging environmental damage arising from24
activities subject to the jurisdiction of the Department of Natural Resources, office25
of conservation, may admit responsibility for environmental damage and shall give26
the court and the department notice of the admission after the expiration of the27 HLS 12RS-533 ORIGINAL
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delays for the joinder of parties and for intervention of third parties provided for in1
Articles 466 and 1095.2
B. Upon receipt by the department of an admission of responsibility pursuant3
to Paragraph A of this Article by any party or notice of the determination by the4
finder of fact that environmental damage exists and determination of the party who5
caused the damage, the department shall issue notice, personal and public, of such6
admission or determination to all current and past operators of record, insofar as7
practicable, based on the records of the department. Personal notice shall be given8
by certified mail, return receipt requested. Public notice shall be sufficient if it9
contains a description of the property, field, and section in dispute and the caption10
of the original or amended petition alleging environmental damage. A full copy of11
the petition shall be made available for public inspection in the offices of the12
department and on the website of the department. The notice provided for in this13
Paragraph shall constitute judicial advertisement and legal notice as provided by R.S.14
43:200 et seq.15
C. Upon receipt of the admission of responsibility or the determination by16
the finder of fact of a party causing environmental damage, the court shall, without17
undue delay, and in no case longer than fourteen days, refer the development and18
approval of the most feasible plan of remediation to the department. The department19
shall order the party or parties who admit responsibility or whom the finder of fact20
finds legally responsible for the damage to develop a plan or submittal for the21
evaluation or remediation to applicable standards of the contamination that resulted22
in the environmental damage. The department shall order that the plan be developed23
and submitted to the department and the court within a time that the department24
determines is reasonable and shall allow the plaintiff or any other interested party at25
least thirty days from the date each plan or submittal was made to the department to26
review the plan or submittal and provide to the department an alternative plan,27
comment, or other response. Any plan or submittal shall include an estimate of the28
cost to implement the plan. The department shall consider any plan, comment, or29 HLS 12RS-533 ORIGINAL
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response provided timely by any interested party. The department shall submit to1
the court a schedule of estimated costs for review of the plans or submittals of the2
parties by the department, and the court shall require the party admitting3
responsibility or the party found legally responsible by the finder of fact to deposit4
in the registry of the court sufficient funds to pay the cost of the department's review5
of the plans or submittals. When any party has admitted responsibility within one6
hundred eighty days after the expiration of the delay for the joinder of parties as7
provided by Paragraph A of this Article, the court shall not proceed to a trial of any8
claim until after a plan to evaluate and remediate the environmental damage,9
approved by the department, has been submitted to the court. Parties may proceed10
to the pretrial process during the delay to trial, which shall include but is not limited11
to pretrial motions and discovery.12
D. An admission of responsibility pursuant to Paragraph A of this Article13
shall be an admission of responsibility solely for purposes of the evaluation and14
remediation to applicable regulatory standards of the contamination that resulted in15
the environmental damage and shall not be construed as an admission of liability, nor16
shall such admission be treated by the court as a waiver of any rights or defenses,17
and shall be admissible in court.18
E. This Article shall not preclude an owner of land from pursuing a judicial19
remedy or receiving a judicial award for private claims suffered as a result of20
environmental damage, except as otherwise provided in this Article. Nor shall it21
preclude a judgment ordering damages for or implementation of additional22
remediation in excess of the requirements of the plan adopted by the court pursuant23
to this Article as may be required in accordance with the terms of an express24
contractual provision; however, any plan of remediation approved by the department25
shall be admissible as evidence in any action brought by the claimant in a court of26
law. The provisions of this Article, including any admissions made pursuant to this27
Article, shall be published to the jury. Any award granted in connection with the28
judgment for additional remediation is not required to be paid into the registry of the29 HLS 12RS-533 ORIGINAL
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court. This Article shall not be interpreted to create any cause of action or to impose1
additional implied obligations under the Mineral Code or arising out of a mineral2
lease.3
Section 2. This Act shall become effective on July 1, 2012; if vetoed by the governor4
and subsequently approved by the legislature, this Act shall become effective on July 1,5
2012, or on the day following such approval by the legislature, whichever is later.6
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. 463
Abstract: Provides procedures for civil actions for the remediation of environmental
damages, for the joinder and intervention of parties, for the development of
remediation plans, and for the admissibility of evidence.
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 Dept. of Natural Resources (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 prior to 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 prior to 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,
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 HLS 12RS-533 ORIGINAL
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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 fact finder's
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.
(Adds C.C.P. Arts. 466, 1095, 1422.2, and 1468.1)