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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; to provide for referral to the Department of4
Natural Resources; to provide for admissibility of admission of responsibility; to5
provide for funding of the department's review; to provide for reimbursement to6
plaintiff; to provide for primary jurisdiction; and to provide for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. Code of Civil Procedure Article 1563 is hereby enacted to read as follows:9
Art. 1563. Admissions of liability for environmental damage10
A. If any party admits liability for environmental damage pursuant to R.S.11
30:29, the party may elect to limit the admission of liability for environmental12
damage to responsibility for implementing the most feasible plan to evaluate, and if13
necessary, remediate all or a portion of the contamination that is the subject of the14
litigation to applicable regulatory standards. If such an admission is limited to a15
party's responsibility for implementing the most feasible plan, the admission shall16
not be construed as an admission of liability for damages pursuant to R.S. 30:29(H),17
nor shall such an admission result in any waiver of any rights or defenses of the18
admitting party. Within thirty days of an admission of responsibility as to all or any19
portion of the property, and whether by one or more of the defendants, the court shall20
refer the matter to the Department of Natural Resources for the approval or structure21 HLS 12RS-1232 ENGROSSED
HB NO. 618
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of a plan which the department determines to be the most feasible plan to evaluate1
or remediate the environmental damage under the applicable regulatory standards.2
An admission of responsibility, as provided for in this Article, for implementing the3
most feasible plan and the plan approved by the department shall be admissible as4
evidence in any action. The party admitting responsibility shall be required to5
deposit with the department sufficient funds to cover the cost of the department's6
review of the plans or submittals including the cost of holding a public hearing to7
approve or structure the feasible plan. The initial payment of these costs shall be in8
the amount of one hundred thousand dollars. This initial payment shall be deposited9
prior to or along with the submission of the plan by the admitting party. Within10
thirty days of the department's filing of the plan, the party admitting responsibility11
for implementing the most feasible plan shall reimburse the plaintiff for those costs12
which the court determines to be recoverable under R.S. 30:29(E)(1).13
B. The provisions of this Article shall not establish primary jurisdiction with14
the Department of Natural Resources.15
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 requires the court to refer a matter to DNR within 30 days of an admission of
responsibility for a determination of the most feasible plan to evaluate or remediate
environmental damage.
Proposed law provides that an admission of responsibility for implementing the most
feasible plan shall be admissible as evidence in any action. HLS 12RS-1232 ENGROSSED
HB NO. 618
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Proposed law provides that a party admitting responsibility shall be required to deposit with
the department funds to cover the cost of the department's review of the plan, including the
cost of holding a public hearing.
Present law (R.S. 30:29.1(E)(1)) provides for the party submitting evidence to be reimbursed
the costs associated with submission of the evidence.
Proposed law provides that a party admitting responsibility shall reimburse the plaintiff the
costs which the court deems recoverable under present law within 30 days of the
department's filing of the plan.
(Adds C.C.P. Art. 1563)
Summary of Amendments Adopted by House
Committee Amendments Proposed by House Committee on Civil Law and Procedure
to the original bill.
1. Added provision requiring court to refer matters to DNR within 30 days of an
admission of responsibility for a determination of the most feasible plan to
evaluate or remediate environmental damage.
2. Made an admission of responsibility admissible as evidence in any action.
3. Required the party admitting responsibility to fund the department's review of the
plan, including the cost of holding a public hearing.
4. Required a party admitting responsibility to reimburse the plaintiff those costs
which the court determines are recoverable under R.S. 30:29(E)(1) within 30
days of the department filing the plan.