HLS 14RS-1278 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 854
BY REPRESENTATIVE GAROFALO
CIVIL/PROCEDURE: Requires certain documents to be filed with the court before
proceeding to trial in certain actions relative to oilfield remediation
AN ACT1
To amend and reenact R.S. 30:29(C)(1), relative to the remediation of oilfield sites and2
exploration and production sites; to provide for the admission of liability by certain3
parties; to prohibit the court from proceeding to trial until an approved feasible plan4
is filed with the court; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 30:29(C)(1) is hereby amended and reenacted to read as follows: 7
ยง29. Remediation of oilfield sites and exploration and production sites8
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C.(1)(a) If at any time during the proceeding a party admits liability for10
environmental damage or the finder of fact determines that environmental damage11
exists and determines the party or parties who caused the damage or who are12
otherwise legally responsible therefor, the court shall order the party or parties who13
admit responsibility or whom the court finds legally responsible for the damage to14
develop a plan or submittal for the evaluation or remediation to applicable regulatory15
standards of the contamination that resulted in the environmental damage. The court16
shall order that the plan be developed and submitted to the department and the court17
within a time that the court determines is reasonable and shall allow the plaintiff or18
any other party at least thirty days from the date each plan or submittal was made to19
the department and the court to review the plan or submittal and provide to the20 HLS 14RS-1278 ORIGINAL
HB NO. 854
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
department and the court a plan, comment, or input in response thereto. The1
department shall consider any plan, comment, or response provided timely by any2
party. The department shall submit to the court a schedule of estimated costs for3
review of the plans or submittals of the parties by the department and the court shall4
require the party admitting responsibility or the party found legally responsible by5
the court to deposit in the registry of the court sufficient funds to pay the cost of the6
department's review of the plans or submittals. Any plan or submittal shall include7
an estimation of cost to implement the plan.8
(b) If at any time during the proceeding a party admits liability for9
environmental damage and a plan has been submitted to the department, the court10
shall not proceed to a trial on the merits until the department has filed with the court11
the approved feasible plan for the evaluation or remediation of the environmental12
damage.13
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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)]
Garofalo HB No. 854
Abstract: Prohibits the court from proceeding to trial against a party admitting liability for
environmental damage until the department has filed the approved feasible plan for
evaluation or remediation with the court.
Present law provides procedures for civil actions for the remediation of oilfield sites and
exploration and production sites.
Proposed law retains present law and, once a plan has been submitted to the department,
prohibits the court from proceeding to trial against a party who has admitted liability for
environmental damage until the department has filed the approved feasible plan for
evaluation or remediation of the environmental damage with the court.
(Amends R.S. 30:29(C)(1))