SLS 12RS-817 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012
SENATE BILL NO. 443
BY SENATOR MORRELL
LIABILITY. Provides relative to limited admission of liability in lawsuits for environmental
damages. (8/1/12)
AN ACT1
To enact Code of Civil Procedure Article 1563, relative to liability and damages; to provide2
relative to limited admission of liability in environmental damages lawsuits; to3
provide for effect of such limited admission on a determination of damages; to4
provide for the admissibility of such a limited admission in any action; and to5
provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. Code of Civil Procedure Article 1563 is hereby enacted to read as follows:8
Art. 1563. Limited admission of liability in environmental damages lawsuits;9
effects;10
If any party admits liability for environmental damage pursuant to R.S.11
30:29, that party may elect to limit this admission of liability for environmental12
damage to responsibility for implementing the most feasible plan to evaluate,13
and if necessary, remediate all or a portion of the contamination that is the14
subject of the litigation to applicable regulatory standards. If such an15
admission is limited to a party's responsibility for implementing the most16
feasible plan, the admission shall not be construed as an admission of liability17 SB NO. 443
SLS 12RS-817 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
for damages under R.S. 30:29(H), nor shall such an admission result in a waiver1
of any rights or defenses of the admitting party. An admission of responsibility2
as provided in this Article, for implementing the most feasible plan and the3
plan approved by the Department of Natural Resources, shall be admissible as4
evidence in any action.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Julie J. Baxter.
DIGEST
Proposed law provides that if any party admits liability for environmental damage pursuant
to R.S. 30:29, concerning remediation of oilfield sites and exploration and production sites,
that party may choose to limit that admission to responsibility for implementing the most
feasible plan to evaluate, and if necessary, remediate all or a portion of the contamination
that is the subject of the litigation to applicable regulatory standards.
Proposed law further provides that if such a limited admission is made, that admission shall
not be construed as an admission of liability for damages under R.S. 30:29(H), concerning
judicial remedies and awards for certain private claims and additional remediation, nor shall
such an admission result in any waiver of any rights or defenses of the admitting party.
Proposed law further provides such admission, and any resulting remediation plan approved
by the Department of Natural Resources, shall be admissible as evidence in any action.
Effective August 1, 2012.
(Adds C.C.P. Art.1563)