Louisiana 2012 Regular Session

Louisiana Senate Bill SB760

Caption

Provides relative to qualified admission of responsibility for remediation of oilfield sites and exploration and production sites. (8/1/12) (EG INCREASE SD EX See Note)

Impact

The bill's provisions establish a clear procedure for parties involved in environmental claims to collaboratively engage in the remediation process. One notable requirement is that parties admitting responsibility must submit a detailed plan to the Department of Natural Resources for approval after making an admission. Additionally, they must deposit a significant amount of funds to cover administrative costs. These steps are intended to facilitate swift action towards environmental recovery and accountability, thereby enhancing regulatory compliance across multiple industries.

Summary

Senate Bill 760 addresses the procedure for the remediation of environmental damage specifically related to oilfield sites and exploration and production sites. The bill introduces a mechanism allowing parties involved in such cases to make a qualified admission of responsibility within a specified timeframe. This admission enables them to take responsibility for funding a feasible plan to evaluate or remediate the environmental damage under applicable regulatory standards without admitting liability for damages. This initiative is significant as it aims to streamline the process of environmental remediation while protecting financial interests within the legal framework.

Sentiment

Overall, the sentiment surrounding SB 760 is mixed. Advocates argue that the bill promotes accountability among companies while also reducing litigation conflicts, streamlining the remediation process, and ensuring that environmental protection takes precedence. On the other hand, some critics express concern that the mechanisms established might allow companies to evade full liability and create loopholes that could undermine responsible practices in environmental management.

Contention

The bill contains contentious elements, particularly regarding the waiver of indemnity rights for those admitting responsibility. This aspect has raised concerns among some stakeholders about whether it might discourage parties from taking responsibility due to the potential financial ramifications. Nonetheless, supporters maintain that such measures are necessary to accelerate remediation efforts and protect state resources from prolonged legal disputes.

Companion Bills

No companion bills found.

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