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Regular Session, 2014
SENATE BILL NO. 531
BY SENATOR ALLAIN
FEES/LICENSES/PERMITS. 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)
AN ACT1
To enact R.S. 49:214.36.1, relative to the authority of certain state and local government2
entities to bring causes of action arising from or related to certain permits issued in3
the coastal area; to provide relative to causes of action relating to certain permits4
issued in the coastal area against state or local governmental entities; and to provide5
for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 49:214.36.1 is hereby enacted to read as follows:8
ยง214.36.1. Causes of action arising from or related to permits issued in the9
coastal area pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344 or10
33 U.S.C. 40811
A.(1) No state or local governmental entity, except the Department of12
Natural Resources, the attorney general, or the Coastal Protection and13
Restoration Authority, shall have, nor may pursue, any right or cause of action14
arising from or related to a state or federal permit issued pursuant to R.S.15
49:214.21 et seq., 33 U.S.C. 1344 or 33 U.S.C. 408 in the coastal area as defined16
by R.S. 49:214.2(4), violation thereof, or enforcement thereof, or for damages17 SB NO. 531
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or other relief arising from or related to any of the foregoing. Notwithstanding1
the foregoing, any contractual claims that any state or local governmental entity2
may possess against the permittee are preserved.3
(2) Nothing in this Section shall impair any authority under R.S.4
49:214.36 of the secretary of the Department of Natural Resources, the attorney5
general, an appropriate district attorney, or a local government with a coastal6
management program approved under R.S. 49:214.21 et seq., the State and7
Local Coastal Resources Management Act of 1978.8
B. No person shall have, nor may pursue, any right or cause of action9
against any state or local governmental entity for or relating to any violation of,10
enforcement of, or damages or other relief arising from or related to any action11
or inaction in relation to a permit issued pursuant to R.S. 49:214.21 et seq., 3312
U.S.C. 1344 or 33 U.S.C. 408.13
C. Any monies received by any state or local governmental entity except14
the Department of Natural Resources arising from or related to a state or15
federal permit issued pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344 or 3316
U.S.C. 408, violation thereof, or enforcement thereof, or for damages or other17
relief arising from or related to any of the foregoing shall be deposited and18
credited by the treasurer to the Coastal Protection and Restoration Fund for19
integrated coastal protection, including coastal restoration, hurricane20
protection and improving the resiliency of the coastal area.21
D. Nothing in this Section shall constitute a waiver of sovereign22
immunity under the Eleventh Amendment of the United States Constitution.23
E. Nothing in this Section shall prevent or preclude any state or local24
governmental entity or any other person from pursuing any remedy otherwise25
authorized pursuant to C.C.P. Art. 3861 et seq. or any administrative remedy26
otherwise authorized by law arising from or related to a state or federal permit27
issued in the coastal area pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344 or28
33 U.S.C. 408.29 SB NO. 531
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Section 2. Where litigation asserting a right or cause of action as set forth in R.S.1
49:214.36.1(A) has been filed as of the effective date of this Act, the state or local2
governmental entity which has filed such litigation shall provide written notice via certified3
mail, return receipt requested, to the three agencies identified in R.S. 49:214.36.1(A) within4
thirty days of the effective date of this Act. Upon motion of the secretary of the Department5
of Natural Resources, the executive director of the Coastal Protection and Restoration6
Authority, or the attorney general, the moving parties shall be made parties and shall be7
substituted for the person who brought the suit. If none of the foregoing moves to be made8
party to the suit and substituted for the person who brought the suit within ninety days of9
issuance of such notice, the court on its own motion or on the motion of any party or10
interested person shall dismiss the litigation without prejudice as to any state or local11
governmental entity.12
Section 3. Where litigation asserting a right or cause of action as set forth in R.S.13
49:214.36.1(B) has been filed as of the effective date of this Act, the court on its own motion14
or on the motion of any party or interested person shall dismiss the litigation without15
prejudice as to any state or local governmental entity.16
Section 4. It is the intent of the legislature that the provisions of R.S. 49:214.36.1(A)17
are procedural and interpretive in nature and intended to clarify existing law, and that they18
shall be applicable to all claims existing or actions pending on its effective date and all19
claims arising or actions filed on and after its effective date. It is further the intent of the20
legislature to clarify that attempted enforcement of the claims described in R.S.21
49:214.36.1(A) by any person other than those entities named therein is and has always been22
contrary to the public policy of this state and ultra vires.23
Section 5. It is the intent of the legislature that the provisions of R.S. 49:214.36.1(B)24
shall be applicable to all claims existing or actions pending on its effective date and all25
claims arising or actions filed on and after its effective date, as authorized by Article XII,26
Section 10(C) of the Louisiana Constitution. It is further the intent of the legislature to27
declare that the claims described in R.S. 49:214.36.1(B) are and have always been contrary28
to the public policy of this state.29 SB NO. 531
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Section 6. This Act shall become effective upon signature by the governor or, if not1
signed by the governor, upon expiration of the time for bills to become law without signature2
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If3
vetoed by the governor and subsequently approved by the legislature, this Act shall become4
effective on the day following such approval.5
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Jerry J. Guillot.
DIGEST
Allain (SB 531)
Proposed law provides that no state or local governmental entity, except the Department of
Natural Resources (DNR), the attorney general, or the Coastal Protection and Restoration
Authority (CPRA), shall have, nor may pursue, any right or cause of action arising from or
related to a state or federal permit issued pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344
or 33 U.S.C. 408 in the coastal area as defined by R.S. 49:214.2(4), violation thereof, or
enforcement thereof, or for damages or other relief arising from or related to any of the
foregoing. However, preserves any contractual claims that any state or local governmental
entity may possess against the permittee.
Provides that nothing in proposed law shall impair any authority under R.S. 49:214.36 of the
DNR secretary, the attorney general, an appropriate district attorney, or a local government
with a coastal management program approved under R.S. 49:214.21 et seq., the State and
Local Coastal Resources Management Act of 1978.
Provides that no person shall have, nor may pursue, any right or cause of action against any
state or local governmental entity for or relating to any violation of, enforcement of, or
damages or other relief arising from or related to any action or inaction in relation to a
permit issued pursuant to R.S. 49:214.21 et seq., 33 U.S.C. 1344 or 33 U.S.C. 408.
Provides that any monies received by any state or local governmental entity except DNR
arising from or related to a state or federal permit issued pursuant to R.S. 49:214.21 et seq.,
33 U.S.C. 1344 or 33 U.S.C. 408, violation thereof, or enforcement thereof, or for damage
or other relief arising from or related to any of the foregoing shall be deposited and credited
by the treasurer to the Coastal Protection and Restoration Fund for integrated coastal
protection, including coastal restoration, hurricane protection and improving the resiliency
of the coastal area.
Provides that nothing in proposed law:
(1)Shall constitute a waiver of sovereign immunity under the Eleventh Amendment of
the US Constitution.
(2) Shall prevent or preclude any state or local governmental entity or any other person
from pursuing any remedy otherwise authorized pursuant to C.C.P. Art. 3861 et seq.
or any administrative remedy otherwise authorized by law arising from or related to
a state or federal permit issued in the coastal area pursuant to R.S. 49:214.21 et seq.,
33 U.S.C. 1344 or 33 U.S.C. 408.
Provides that where litigation asserting a right or cause of action as set forth in R.S.
49:214.36.1(A) has been filed as of the effective date of proposed law, the state or local
governmental entity which has filed such litigation shall provide written notice via certified SB NO. 531
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
mail, return receipt requested, to the three agencies identified in R.S. 49:214.36.1(A) within
thirty days of the effective date of proposed law. Upon motion of the DNR secretary, the
CPRA executive director, or the attorney general, the moving parties shall be made parties
and shall be substituted for the person who brought the suit. However, if none of the
foregoing moves to be made party to the suit and substituted for the person who brought the
suit within 90 days of issuance of such notice, the court on its own motion or on the motion
of any party or interested person shall dismiss the litigation without prejudice as to any state
or local governmental entity.
Provides that where litigation asserting a right or cause of action as set forth in R.S.
49:214.36.1(B) has been filed as of the effective date of proposed law, the court on its own
motion or on the motion of any party or interested person shall dismiss the litigation without
prejudice as to any state or local governmental entity.
States that it is the intent of the legislature that the provisions of R.S. 49:214.36.1(A) are
procedural and interpretive in nature and intended to clarify existing law, and that they shall
be applicable to all claims existing or actions pending on its effective date and all claims
arising or actions filed on and after its effective date. Provides that it is further the intent of
the legislature to clarify that attempted enforcement of the claims described in R.S.
49:214.36.1(A) by any person other than those entities named therein is and has always been
contrary to the public policy of this state and ultra vires.
States that it is the intent of the legislature that the provisions of R.S. 49:214.36.1(B) shall
be applicable to all claims existing or actions pending on its effective date and all claims
arising or actions filed on and after its effective date, as authorized by Article XII, Section
10(C) of the La. Constitution. Provides that it is further the intent of the legislature to
declare that the claims described in R.S. 49:214.36.1(B) are and have always been contrary
to the public policy of this state.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 49:214.36.1)