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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, 2014
SENATE BILL NO. 423
BY SENATOR ALLAIN
MINERALS. Provides relative to alternative dispute resolution in suits involving oilfield
sites and exploration and production sites. (8/1/14)
AN ACT1
To enact R.S. 30:29.2, relative to alternative dispute resolution of remediation of oilfield2
sites and exploration and production sites; to require mediation of certain claims3
involving oilfield sites and exploration and production sites; to provide for a dispute4
assessment meeting; to provide certain procedures, terms, conditions, and effects;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:29.2 is hereby enacted to read as follows:8
ยง29.2. Alternative dispute resolution; remediation of oilfield sites and9
exploration and production sites10
A. To facilitate an expedited remediation for environmental damage and11
to assist the parties in the settlement of disputed claims, all litigation or pleading12
making a judicial demand arising from or alleging environmental damage that13
is subject to the provisions of R.S. 30:29 shall be referred to mediation pursuant14
to the provisions of this Section.15
B. Within sixty days of the filing or amendment of any litigation or16
pleading making a judicial demand arising from or alleging environmental17 SB NO. 423
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
damage that is subject to the provisions of R.S. 30:29, a dispute assessment1
meeting shall be held in which all of the parties and principals who are2
authorized to make decisions regarding settlement shall discuss all of the issues3
involved in the litigation and any other matters needed to evaluate the claim.4
The parties or principals who are authorized to make decisions regarding5
settlement may attend the meeting by use of telephone conference call,6
videoconferencing, or other similar telecommunication methods.7
C. If the litigation is removed to federal court and then remanded back8
to state court, the dispute assessment meeting shall be held within sixty days9
from the date of the order of remand.10
D. Prior to trial, any case governed by the provisions of R.S. 30:29 shall11
be referred to mediation in accordance with the Louisiana Mediation Act.12
The original instrument was prepared by J. W. Wiley. The following digest,
which does not constitute a part of the legislative instrument, was prepared
by McHenry Lee.
DIGEST
Allain (SB 423)
Present law provides a procedure and time delays for the litigation of judicial demands
arising from or alleging environmental damage.
Proposed law provides that all litigation making a judicial demand arising from or alleging
environmental damage must be referred to mediation pursuant to the provisions of proposed
law.
Proposed law requires that within 60 days of the filing of any litigation or pleading making
a judicial demand arising from or alleging environmental damage that is subject to the
provisions of present law, a dispute assessment meeting will be held in which all the parties
and principals who are authorized to make decisions regarding settlement must discuss all
of the issues involved in the litigation and any other matters needed to evaluate the claim.
Further allows all persons to use telephone, conference call, videoconferencing, or similar
telecommunication methods.
Proposed law provides that if the litigation is removed to federal court and then remanded
back to state court, the dispute assessment meeting will be held within 60 days from the date
of the order of remand.
Proposed law provides that prior to trial, any case governed by the provisions of present law
will be referred to mediation in accordance with the La. Mediation Act.
Effective August 1, 2014.
(Adds R.S. 30:29.2) SB NO. 423
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Natural Resources to
the original bill
1. Removes substantive provisions of proposed law.
2. Provides for a dispute assessment meeting.
3. Requires mediation.