Louisiana 2012 Regular Session

Louisiana House Bill HB618

Introduced
3/12/12  
Refer
3/12/12  
Report Pass
4/17/12  
Engrossed
4/26/12  
Refer
5/16/12  
Report Pass
5/21/12  
Enrolled
6/1/12  
Chaptered
6/12/12  

Caption

Provides relative to admissions of liability for environmental damage

Impact

The provisions outlined in HB618 are set to impact existing state laws related to environmental damage claims. This bill aims to facilitate quicker resolution of environmental lawsuits by outlining clear parameters for parties making admissions of liability. By allowing a 'limited admission' that does not equate to full liability, the bill could reduce the potential for lengthy and costly litigation, favoring remediation of environmental damages over adversarial court proceedings. Importantly, the Department of Natural Resources will play a key role in overseeing the implementation of these management orders and ensuring compliance with environmental standards.

Summary

House Bill 618 pertains to environmental liability, specifically addressing admissions of liability in civil actions alleging environmental damage. The bill introduces provisions for environmental management orders which authorize parties to access properties impacted by alleged contamination for inspections and testing. It establishes a framework within which these activities must occur, ensuring that all parties involved are informed of test results within specified timeframes. This bill serves to streamline the process for managing environmental damage claims in court, enhancing cooperation among involved parties while also placing restrictions on the admission of liability for environmental harm.

Sentiment

The sentiment surrounding HB618 appears to lean towards a practical approach to handling environmental disputes, with support from legislators who see the need for clearer guidelines and processes. However, there may also be concerns about the potential implications of a limited admission, as critics argue it could permit corporations to limit their responsibility in environmental degradations. Feedback from environmental advocacy groups has been varied, with some praising the bill for advancing accountability while others worry it could diminish the strength of environmental protections.

Contention

Notable points of contention revolve around the interpretation and application of 'limited admissions' in environmental cases. While proponents argue that it provides a necessary mechanism for accountability without overwhelming liability, opponents may view it as a loophole that limits the ability of plaintiffs to fully hold responsible parties accountable for environmental damage. The effectiveness of the bill will largely depend on how it is implemented and enforced, particularly the cooperation from the Department of Natural Resources and adherence to the established testing and remediation protocols.

Companion Bills

No companion bills found.

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