Louisiana Senate Bill SB546

Louisiana 2014 Regular Session

• Introduced: 3/10/14
• Refer: 3/10/14

Caption

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

Impact

The passage of SB 546 would have substantial implications for environmental and civil claims associated with oil and gas extraction and transportation activities. Specifically, it would mean that any legal claims for damages, as well as requests for injunctions by local governments, would no longer be permissible if related to the lawful activities of state-permitted oil and gas permittees. Consequently, this could lead to fewer checks and balances on such operational activities and potentially alter the landscape of environmental oversight concerning mineral resource extraction in Louisiana.

Summary

Senate Bill 546 aims to significantly limit the ability of local governmental authorities in Louisiana to pursue claims or lawsuits against state-permitted oil and gas operators. This legislation introduces strict preemption laws, which reserve the authority to bring action regarding damages related to property or seek injunctive relief solely to the state government. This shift is intended to maintain a clear and consistent regulatory environment for oil and gas activities at the state level, as local jurisdictions would be barred from raising legal issues regarding these operations.

Sentiment

The sentiment around SB 546 appears to be mixed and highly contentious. Supporters of the bill argue that it is essential for fostering economic growth and stability in the oil and gas sector, highlighting the need for a streamlined and cohesive legal framework that encourages investment in resource extraction. However, opponents express concern that the bill undermines local governance and the rights of communities to protect their environments and public health against potential harms from industrial activities. This legislation has ignited discussions about the balance of power between state and local authorities regarding natural resource management.

Contention

Key points of contention surrounding SB 546 include discussions about the potential adverse effects on local communities, which may face increased risks from oil and gas activities without the ability to challenge state decisions in court. Critics are wary of the long-term environmental consequences, especially given the bill's retroactive application to claims that may already be pending. The debate suggests a fundamental disagreement on how best to approach economic development versus environmental stewardship, particularly in a state rich in natural resources.