Louisiana 2014 Regular Session

Louisiana Senate Bill SB531

Introduced
3/10/14  
Introduced
3/10/14  
Refer
3/10/14  

Caption

Provides relative to the authority of certain state and local government entities to bring causes of action arising from or related to certain permits issued in the coastal area. (gov sig) (OR See Note)

Impact

The implication of SB531 on state law is significant, as it effectively restricts the avenues through which local governments can seek redress in situations involving coastal permits. The bill specifies that no state or local governmental entity, barring those explicitly mentioned, can pursue legal action related to violations arising from these permits. However, it does preserve any contractual claims that governmental entities may have against permit holders. This centralization of legal authority is aimed at enhancing efficiency in managing coastal resources and reducing duplicative lawsuits that could hinder coastal protection efforts.

Summary

Senate Bill 531 aims to redefine the authority of state and local government entities within the context of certain permits issued for coastal areas. Specifically, the bill serves to limit which governmental entities can bring forth legal actions related to these permits. Under the proposed law, only designated agencies, namely the Department of Natural Resources (DNR), the Attorney General, and the Coastal Protection and Restoration Authority (CPRA), retain the right to pursue claims concerning permits related to coastal management. This arrangement seeks to centralize authority and streamline the litigation process surrounding coastal permits.

Sentiment

The general sentiment surrounding SB531 appears mixed. Supporters of the bill advocate for a more efficient regulatory framework that minimizes confusion and potential litigation burdens on coastal projects. They argue that centralizing permit enforcement under a few agencies can lead to more coherent coastal management strategies. Conversely, detractors express concerns about diminishing local control and the ability of communities to hold entities accountable for environmental impacts. This controversy underscores a significant tension between reinforcing state authority and preserving local governance in environmental matters.

Contention

Notable points of contention within the discussions around SB531 include the balance of power between state and local governments and the implications for community-led environmental initiatives. Critics of the bill argue that it disproportionately favors state authority over the rights of local governments, potentially limiting their ability to respond to specific local environmental issues. This aspect raises questions about how well the state can represent or address unique local needs, especially in regions that are particularly vulnerable to ecological changes and disasters.

Companion Bills

No companion bills found.

Previously Filed As

LA SB469

Provides relative to the enforcement of the State and Local Coastal Resources Management Act of 1978. (gov sig)

LA SB122

Provides for monies collected from enforcement actions of coastal use permits. (8/1/21) (EG SEE FISC NOTE SD RV)

LA SB3

Provides for distribution of monies collected from enforcement actions of coastal use permits. (8/1/22) (EN SEE FISC NOTE SD RV See Note)

LA SB141

Provide for actions arising from coastal use permits. (8/1/21)

LA SB13

Provides for actions arising from coastal use permits. (8/1/23)

LA SB125

Provides for actions arising from coastal use permits. (8/1/22)

LA HB529

Relative to municipal, parish, and state governmental entities, provides for conditions pertaining to security for the issuance of permits for outdoor events and the release of certain surveillance video (OR SEE FISC NOTE GF EX)

LA SB546

Provides relative to preemption of civil actions against certain permittees of the state. (gov sig)

LA HB379

Relating to acquisition of title to real property; to prohibit certain governments or governmental entities from acquiring certain real property in the state.

LA HB2977

Relating to issues affecting counties and certain other governmental entities; authorizing fees.

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