Louisiana House Bill HB210

Louisiana 2019 Regular Session

• Introduced: 3/27/19
• Refer: 3/27/19
• Refer: 4/8/19
• Report Pass: 4/24/19

Caption

Provides for filing records of decisions of the Department of Environmental Quality (EG DECREASE SD EX See Note)

Impact

This bill makes a notable alteration to how judicial reviews are conducted concerning environmental decisions by imposing a financial responsibility on those who seek to contest these decisions. By explicitly stating that the appealing party will bear the costs of filing the appeal, the law seeks to discourage frivolous or unjustified appeals. This may streamline the judicial review process, as potential appellants must consider the financial implications before proceeding with legal action against the DEQ. In doing so, the bill promotes a more efficient judicial system by potentially reducing the number of unsubstantiated appeals lodged against the DEQ.

Summary

House Bill 210 (HB210), introduced by Representative Jimmy Harris, addresses the appeals process related to decisions made by the Department of Environmental Quality (DEQ) in Louisiana. The bill mandates that any costs associated with filing the record of the DEQ's decision or action must be paid by the individual or party petitioning for judicial review. This amendment aims to specify the obligations of petitioners regarding court costs when challenging DEQ decisions. The proposed law retains the current process of appeal exclusively to the 19th Judicial District Court, ensuring that the structure of appeals remains consistent.

Sentiment

The sentiment around HB210 appears to be pragmatic towards promoting efficiency within the judicial system, especially among legislators who support the bill as a common-sense approach to appeals. However, some concern exists regarding whether such financial barriers might inhibit valid appeals from aggrieved parties who may struggle to cover legal costs. This reflects a broader debate about access to justice and whether economic factors should influence individuals' ability to challenge governmental decisions, especially in matters of public interest such as environmental protection.

Contention

Notable points of contention regarding HB210 may revolve around the balance of fiscal responsibility and access to environmental justice. Critics may argue that imposing court costs on petitioners could disproportionately affect lower-income individuals or smaller entities who might wish to challenge environmental decisions, limiting their ability to do so. Advocacy for environmental accountability is a crucial consideration, emphasizing the need for checks on the authority of the DEQ and the importance of ensuring public participation in appeals pertaining to environmental quality decisions.