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)
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.