Louisiana 2020 2020 Regular Session

Louisiana House Bill HCR32 Introduced / Bill

                    HLS 20RS-380	ORIGINAL
2020 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 32
BY REPRESENTATIVE DEVILLIER
COASTAL RESOURCES:  Urges and requests certain officials and local governments to
dismiss coastal lawsuits
1	A CONCURRENT RESOL UTION
2To urge and request the local officials in Cameron Parish, Jefferson Parish, Plaquemines
3 Parish, St. Bernard Parish, St. John the Baptist Parish, Vermilion Parish, and the city
4 of New Orleans to dismiss the forty-three coastal lawsuits that have been filed
5 against over two-hundred large and small oil and natural gas companies in Louisiana.
6 WHEREAS, for nearly a century, the safe, responsible production of oil and natural
7gas in Louisiana has helped fuel our state’s economy and our nation’s energy independence;
8and
9 WHEREAS, today, the development of Louisiana's vast oil and natural gas resources
10supports over two-hundred sixty thousand high-paying jobs and contributes more than two
11billion dollars in annual state revenues; and
12 WHEREAS, Louisiana oil and natural gas companies also generated more than
13two-hundred thirty million dollars in direct funding for coastal restoration and hurricane
14protection projects over the last five years; and
15 WHEREAS, since the Coastal Zone Management Act (CZMA) was enacted by the
16Louisiana Legislature, the state of Louisiana has issued more than thirty thousand coastal
17use permits to authorize and encourage the safe and responsible development of oil and
18natural gas resources throughout Louisiana's working coast; and
19 WHEREAS, from 1980 through 2013, local governing bodies collected millions of
20dollars in tax revenues generated by these production activities and never sought to assert
21enforcement authority over these operations, which are clearly defined in R.S. 49:214.25(A)
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HCR NO. 32
1as "uses of state concern" that fall exclusively under the jurisdiction of state government
2agencies; and
3 WHEREAS, since 2013, Cameron Parish, Jefferson Parish, Plaquemines Parish, St.
4Bernard Parish, St. John the Baptist Parish, Vermilion Parish (Coastal Parishes), and the city
5of New Orleans have contracted with private legal counsel to improperly bring
6unprecedented enforcement actions against the oil and natural gas industry; and
7 WHEREAS, actions such as these, taken by private legal counsel on behalf of local
8governments, are inconsistent with the original intent of the Louisiana Legislature when the
9CZMA was enacted; and
10 WHEREAS, the state alone is vested with the authority to issue and regulate coastal
11use permits concerning uses of state concern, as defined by R.S. 49:214.25(A)(1), and the
12state has the sole authority to bring enforcement over these permits under CZMA; and
13 WHEREAS, local governments are limited in their ability to bring enforcement
14actions under CZMA as it relates to issues of local concern as defined by R.S.
1549:214.25(A)(2); and
16 WHEREAS, since the inception of the CZMA, over forty years ago, local
17government entities have never sought to assert such inappropriate widespread action over
18state issued coastal use permits in a manner that violates the original intent of the CZMA;
19and
20 WHEREAS, over six years of litigation has provided no benefit for Louisiana's
21precious coastline; and
22 WHEREAS, these divisive and unproductive lawsuits consume limited judicial
23resources and put our state at a competitive disadvantage when it comes to attracting jobs
24and investment; and
25 WHEREAS, while the coastal zone lawsuits have failed to produce anything more
26than attorney's fees and detrimental impacts to our state's economic health, Louisiana oil and
27natural gas companies have generated more than two hundred thirty million dollars in direct
28funding for coastal restoration and hurricane protection projects; and
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HCR NO. 32
1 WHEREAS, the safe and responsible development of Louisiana's vast oil and natural
2gas resources supports over two-hundred sixty thousand high-paying jobs and contributes
3more than two billion dollars in annual state revenues; and
4 WHEREAS, the production of oil and natural gas is essential to the economy and
5well being of Louisiana and the United States, and addressing the critical energy and
6environmental needs of the state and the country requires cooperation instead of
7unproductive legal attacks.
8 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
9urge and request the local officials in Cameron Parish, Jefferson Parish, Plaquemines Parish,
10St. Bernard Parish, St. John the Baptist Parish, Vermilion Parish, and the city of New
11Orleans to dismiss the coastal zone lawsuits, pursuant to La. Civil Code Procedure Article
121671.
13 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
14parish president, district attorney, and council or police jury of Cameron Parish, Jefferson
15Parish, Plaquemines Parish, St. Bernard Parish, St. John the Baptist Parish, Vermilion Parish,
16and to the mayor, district attorney, and city council of the city of New Orleans.
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HCR 32 Original 2020 Regular Session	DeVillier
Urges and requests the local officials in Cameron Parish, Jefferson Parish, Plaquemines
Parish, St. Bernard Parish, St. John the Baptist Parish, Vermilion Parish, and the city of New
Orleans to dismiss the coastal zone lawsuits, pursuant to La. Civil Code Procedure Art. 1671.
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