SLS 20RS-62 ORIGINAL
2020 Regular Session
SENATE BILL NO. 200
BY SENATOR FESI
MINERALS. Provides for awards in actions enforcing provisions of the Coastal Zone
Management Program. (8/1/20)
1 AN ACT
2 To amend and reenact R.S. 49:214.36(E), relative to the Coastal Zone Management
3 Program; to provide for enforcement actions; to provide for the award of costs and
4 attorney fees in such action; to provide for the award of damages; and to provide for
5 related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 49:214.36(E) is hereby amended and reenacted to read as follows:
8 ยง214.36. Enforcement; injunction; penalties and fines
9 * * *
10 E. A court may impose civil liability and assess damages; order, where
11 feasible and practical, the payment of the restoration costs; require, where feasible
12 and practical, actual restoration of areas disturbed; or otherwise impose reasonable
13 and proper sanctions for uses conducted within the coastal zone without a coastal use
14 permit where a coastal use permit is required or which are not in accordance with the
15 terms and conditions of a coastal use permit. Any monies ordered for the payment
16 of restoration costs shall be expended only for the actual restoration of the areas
17 disturbed. The court in its discretion may award costs and reasonable attorney's fees
Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 200
SLS 20RS-62 ORIGINAL
1 to the prevailing party. Attorney fees shall not be included as costs.
2 * * *
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Tyler S. McCloud.
DIGEST
SB 200 Original 2020 Regular Session Fesi
Present law establishes a coastal zone management program within the Dept. of Natural
Resources and administered by the secretary of the department. An aspect of the program
is the application and issuance of an coastal use permit requirement prior to commencing a
use of state or local concern in the coastal zone.
Present law authorizes a court to impose civil liability and assess damages, order the
payment of the restoration costs, require actual restoration of areas disturbed, or otherwise
impose reasonable and proper sanctions for uses in the coastal zone that were either without
a coastal use permit or not in accordance with the terms and conditions of a coastal use
permit.
Proposed law requires any monies ordered for the payment of restoration costs shall be
expended only for the actual restoration of the areas disturbed.
Present law authorizes the court to award costs and reasonable attorney fees to the prevailing
party.
Proposed law removes the authority to award reasonable attorney fees and prohibits
including attorney fees as costs.
Effective August 1, 2020.
(R.S. 49:214.36(E))
Page 2 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.