Louisiana Senate Bill SCR64

Louisiana 2024 Regular Session

• Introduced: 5/15/24
• Refer: 5/16/24

Caption

Requests the Dept. of Energy and Natural Resources to take certain actions in light of Court's decision on "waters of the United States".

Impact

The resolution's requests include conducting a comprehensive review of Louisiana's laws and regulations that govern the deposit of dredged or fill materials into wetlands. There is a strong emphasis on revising existing state regulations to align with the Supreme Court's interpretation, which could lead to significant changes in how wetlands are regulated in Louisiana. This shift is particularly critical given the state's ongoing issues with land loss, and the notion that certain regulatory processes may be impeding local development and environmental restoration efforts.

Summary

Senate Concurrent Resolution No. 64 (SCR64) urges and requests the Louisiana Department of Energy and Natural Resources to take specific actions in light of the recent United States Supreme Court decision regarding 'waters of the United States'. The resolution acknowledges the court's clarification on the definition of these waters, particularly concerning wetlands, as established in the supreme court case Sackett v. Environmental Protection Agency. This clarification indicates that wetlands are only covered by the Clean Water Act when they have a continuous surface connection to waters that could themselves be classified as 'waters of the United States'.

Sentiment

The sentiment surrounding SCR64 appears to be supportive among its sponsors and proponents who see it as a necessary step to adapt Louisiana's regulatory framework to recent legal changes. However, there may be tension regarding the removal or alteration of existing regulations, as this could lead to concerns about the protection of Louisiana's coastal and wetland ecosystems. The dual pressures of economic development and environmental conservation are likely to make for a nuanced debate as the resolution moves forward.

Contention

There are notable points of contention regarding the potential easing of regulations that might result from the resolution. Critics may argue that loosening restrictions on the deposit of dredged or fill materials into wetlands could exacerbate environmental degradation, worsen the state's land loss crisis, and ultimately threaten the very ecosystems that provide critical flood protection and support biodiversity.