Louisiana Senate Bill SB443

Louisiana 2012 Regular Session

• Introduced: 3/12/12
• Refer: 3/12/12

Caption

Provides relative to limited admission of liability in lawsuits for environmental damages. (8/1/12)

Impact

The impact of SB443 on state laws revolves around how liability is treated in environmental lawsuits. By allowing a limited admission of liability, the bill seeks to clarify the responsibilities of parties involved in environmental damage claims. This could potentially lead to a more structured approach in addressing such cases, as parties might be encouraged to admit to the implementation of remediation plans without fearing extended liability. The bill is positioned as a means to balance accountability in environmental protection while providing some measure of legal assurance to parties who take responsibility for clean-up efforts.

Summary

Senate Bill 443 aims to modify how parties can admit liability in lawsuits related to environmental damages. The bill allows a party to limit their admission of liability to the implementation of a feasible plan for evaluating and remediating the contamination that is part of the litigation. This provision ensures that such an admission does not imply broader liability for damages or negate any existing rights or defenses the admitting party might hold. This proposed change stems from laws concerning the remediation of oilfield and production sites in Louisiana.

Sentiment

The sentiment surrounding SB443 appears mixed. Proponents argue that the bill provides necessary clarity for businesses and other parties that may otherwise hesitate to admit liability due to uncertainty about future implications in lawsuits. They see it as a step towards promoting effective remediation efforts without the fear of excessive liability. Conversely, critics might argue that this could enable irresponsible parties to avoid full accountability for environmental damages, undermining community rights and protections against harm.

Contention

The key points of contention regarding SB443 involve the balance between ensuring environmental protection and limiting potential liability for responsible parties. Critics may highlight concerns that the limited admission of liability could lead to inadequate remediation efforts if parties feel less pressured to fully admit to and address their environmental impacts. The bill raises important questions about the responsibilities of industries engaged in operations that can cause environmental damage and whether the proposed exemptions may incentivize less careful practices.