SLS 14RS-45 ORIGINAL
Page 1 of 2
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. 467
BY SENATOR ADLEY
MINERALS. Requires the court to stay proceedings under certain conditions in a lawsuit
involving the remediation of oilfield sites and exploration and production sites. (8/1/14)
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 or finding of liability3
by certain parties; to require a stay of the court proceedings under certain conditions;4
to provide procedures, terms, conditions, and requirements; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 30:29(C)(1) is hereby amended and reenacted to read as follows: 8
ยง29. Remediation of oilfield sites and exploration and production sites9
* * *10
C.(1)(a) If at any time during the proceeding a party admits liability for11
environmental damage or the finder of fact determines that environmental damage12
exists and determines the party or parties who caused the damage or who are13
otherwise legally responsible therefor, the court shall order the party or parties who14
admit responsibility or whom the court finds legally responsible for the damage to15
develop a plan or submittal for the evaluation or remediation to applicable regulatory16
standards of the contamination that resulted in the environmental damage. The court17 SB NO. 467
SLS 14RS-45 ORIGINAL
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
shall order that the plan be developed and submitted to the department and the court1
within a time that the court determines is reasonable and shall allow the plaintiff or2
any other party at least thirty days from the date each plan or submittal was made to3
the department and the court to review the plan or submittal and provide to the4
department and the court a plan, comment, or input in response thereto. The5
department shall consider any plan, comment, or response provided timely by any6
party. The department shall submit to the court a schedule of estimated costs for7
review of the plans or submittals of the parties by the department and the court shall8
require the party admitting responsibility or the party found legally responsible by9
the court to deposit in the registry of the court sufficient funds to pay the cost of the10
department's review of the plans or submittals. Any plan or submittal shall include11
an estimation of cost to implement the plan.12
(b) If at any time during the proceeding a party admits liability for13
environmental damage and a plan has been submitted to the department, the14
court shall not proceed to a trial on the merits until the department has filed15
with the court the approved feasible plan for the evaluation or remediation of16
the environmental damage.17
* * *18
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by McHenry Lee.
DIGEST
Adley (SB 467)
Present law provides that if at any time during a proceeding a party admits liability for
environmental damage or the finder of fact determines the party who caused the damage is
legally responsible, the court will order the responsible party to develop a plan for the
evaluation or remediation of the damage.
Proposed law provides that if a party admits liability for environmental damage and a plan
has been submitted to the department, the court shall not proceed to a trial on the merits until
the department has filed with the court the approved feasible plan for remediation of
damages.
Effective August 1, 2014.
(Amends R.S. 30:29(C)(1))