HLS 12RS-1232 ORIGINAL
Page 1 of 2
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 618
BY REPRESENTATIVE ABRAMSON
CIVIL/PROCEDURE: Provides relative to admissions of liability for environmental
damage
AN ACT1
To enact Code of Civil Procedure Article 1563, relative to liability for environmental2
damage; to provide for limitations on the effect of an admission of liability; to3
provide for admissibility of evidence; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. Code of Civil Procedure Article 1563 is hereby enacted to read as follows:6
Art. 1563. Admissions of liability for environmental damage7
If any party admits liability for environmental damage pursuant to R.S. 30:29,8
the party may elect to limit the admission of liability for environmental damage to9
responsibility for implementing the most feasible plan to evaluate, and if necessary,10
remediate all or a portion of the contamination that is the subject of the litigation to11
applicable regulatory standards. If such an admission is limited to a party's12
responsibility for implementing the most feasible plan, the admission shall not be13
construed as an admission of liability for damages pursuant to R.S. 30:29(H), nor14
shall such an admission result in any waiver of any rights or defenses of the15
admitting party. An admission of responsibility, as provided for in this Article, for16
implementing the most feasible plan and the plan approved by the department shall17
be admissible as evidence in any action.18 HLS 12RS-1232 ORIGINAL
HB NO. 618
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
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. 618
Abstract: Provides for the limitation of the effect of an admission of liability in an oilfield
remediation suit and provides that such admissions are admissible in evidence.
Proposed law provides that if any party admits liability for environmental damage in an
action for remediation of an oilfield site, the party may elect to limit the admission of
liability to responsibility for implementing the most feasible plan to evaluate, and if
necessary, to remediate all or a portion of the contamination.
Proposed law provides that if an admission is limited to a party's responsibility for
implementing the most feasible plan, the admission shall not be construed as an admission
of liability for damages pursuant to present law nor shall such an admission result in
any waiver of any rights or defenses of the admitting party.
Proposed law provides that an admission of responsibility for implementing the most
feasible plan shall be admissible as evidence in any action.
(Adds C.C.P. Art. 1563)