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ACT No. 754
Regular Session, 2012
HOUSE BILL NO. 618
BY REPRESENTATIVES ABRAMSON, ADAMS, BERTHELOT, BROADWATER,
HENRY BURNS, CARMODY, CHAMPAGNE, COX, DOVE, GAROFALO,
GEYMANN, GISCL AIR, GUINN, HARRIS, HARRISON, HAVARD,
HENSGENS, HOWARD, HUVAL , KATRINA JACKSON, JEFFERSON,
KLECKLEY, NANCY LANDRY, TERRY LANDRY, LIGI, LORUSSO, MILLER,
MORENO, JIM MORRIS, PYLANT, REYNOLDS, RICHARD, ROBIDEAUX,
SCHEXNAYDER, SIMON, THOMPSON, AND WHI TNEY
AN ACT1
To enact Code of Civil Procedure Articles 1552 and 1563, relative to liability for2
environmental damage; to provide for environmental management orders; to provide3
for limitations on the effect of an admission of liability; to provide for admissibility4
of evidence; to provide for referral to the Department of Natural Resources; to5
provide for admissibility of admission of responsibility; to provide for funding of the6
department's review; to provide for reimbursement to plaintiff; to provide for7
primary jurisdiction; and to provide for related matters.8
Be it enacted by the Legislature of Louisiana:9
Section 1. Code of Civil Procedure Articles 1552 and 1563 are hereby enacted to read10
as follows:11
Art. 1552. Environmental management orders12
Upon the request of any party in any civil action alleging environmental13
damage pursuant to R.S. 30:29, or the Department of Natural Resources, office of14
conservation, the court shall direct the attorneys for the parties to appear before the15
court to develop an environmental management order. The environmental16
management order shall authorize all parties to access the property allegedly17
impacted to perform inspections and environmental testing. The order shall require18
that all test results be submitted to all parties and the Department of Natural19
Resources, office of conservation, within thirty days of receipt thereof. Failure by20
a party to provide the results of testing to the other parties shall preclude that party21 ENROLLEDHB NO. 618
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from admitting those results into evidence in the civil action. The environmental1
management order shall include reasonable terms for all of the following:2
(1) Access to the property.3
(2) Investigation and environmental testing.4
(3) Sampling and testing protocols.5
(4) Specific time frames within which to conduct such testing and sampling.6
* * *7
Art. 1563. Limited admission of liability in environmental damage lawsuits; effect8
A.(1) If any party admits liability for environmental damage pursuant to R.S.9
30:29, that party may elect to limit this admission of liability for environmental10
damage to responsibility for implementing the most feasible plan to evaluate, and if11
necessary, remediate all or a portion of the contamination that is the subject of the12
litigation to applicable regulatory standards (hereinafter referred to as a "limited13
admission"). A limited admission shall not be construed as an admission of liability14
for damages under R.S. 30:29(H), nor shall a limited admission result in a waiver of15
any rights or defenses of the admitting party.16
(2) Upon the expiration of the delay in which a party may file a limited17
admission under Paragraph (A)(5) of this Article, and if one or more of the18
defendants have made a timely limited admission, the court shall refer the matter to19
the Department of Natural Resources, office of conservation (hereinafter to as the20
"department"), to conduct a public hearing to approve or structure a plan which the21
department determines to be the most feasible plan to evaluate or remediate the22
environmental damage under the applicable regulatory standards pursuant to the23
provisions of R.S. 30:29.24
(3) The limited admission, the plan approved by the department, and all25
written comments provided by the agencies pursuant to R.S. 30:29(C)(3)(b) shall be26
admissible subject to the Code of Evidence Articles 702 through 705 and Code of27
Civil Procedure Art. 1425 as evidence in any action.28
(4) At any time after the filing of a civil action subject to the provisions of29
R.S. 30:29 and, absent good cause shown, no later than ninety days after the30 ENROLLEDHB NO. 618
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completion of the environmental testing set forth in the environmental management1
order issued by the court pursuant to the Code of Civil Procedure Art. 1552, any2
party may make a limited admission by filing the same into the record of the court3
proceeding.4
(5) Any other party who intends to make a limited admission for the same5
or any other environmental damage shall file it into the record of the court6
proceeding within sixty days of the filing of the first limited admission by another7
party. Any limited admission filed by another party after the first limited admission8
is filed shall be filed no later than ninety days following the completion of the9
environmental testing set forth in the environmental management order.10
(6) The party making a limited admission shall be required to deposit with11
the department sufficient funds to cover the cost of the department's review of the12
plans or submittals under R.S. 30:29, including the cost of holding a public hearing13
to approve or structure the feasible plan. The initial payment of these costs shall be14
in an amount of one hundred thousand dollars. This initial payment shall be15
deposited prior to or along with the submission of the plan by the admitting party.16
The admitting party shall be entitled to reimbursement of any portion of the deposit17
that is unused by the department. Within thirty days of the department's filing of the18
plan, the party admitting responsibility for implementing the most feasible plan shall19
reimburse the plaintiff for those costs which the court determines to be recoverable20
under R.S. 30:29(E)(1).21
(B) The provisions of this Article shall not establish primary jurisdiction22
with the Department of Natural Resources.23 ENROLLEDHB NO. 618
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Section 2. The provisions of this Act shall not apply to any case in which the court1
on or before May 15, 2012, has issued or signed an order setting the case for trial, regardless2
of whether such trial setting is continued.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: