1. Environmental Issues in Louisiana: Post-Katrina
Michael A. Chernekoff
Jones Walker
April 11, 2007

3. Environmental Issues Oil Spills Related to Katrina
Cleaning up New Orleans and adjoining areas
Hurricane Litigation
Oilfield Restoration issues
Wetlands Permitting
Industry Expansions
New Governor

4. Oil Spills Related to Katrina

7. Impacts

8. Spills

9. Oil Spills Related to Katrina
US Coast Guard reported (October 2005):
6 Major spills (> 100,000 gallons)
3 Medium Spills (10,000 to 100,000 gallons)
7.7 million gallons
Clean-ups completed
NRDA Claims?

10. Oil Spill Issues Dealing with Unified Command
“Act of God” and Claims against the Fund
“unanticipated”
“sole cause”
Subpoenas to Responsible Parties
Future Storm Planning and Preparations

11. Cleaning Up

12. Debris

13. Debris

14. Debris

15. Cleaning Up: Issues LDEQ Emergency Orders LDEQ Debris Plan
allow for landfills to handle greater volume of waste pert day than originally permitted
expanded the definition of C&D debris to include items not originally allowed in the facilities’ permits
allowed for temporary debris handling, staging and disposal sites
LDEQ Debris Plan
Landfill Battles
Illegal Dumping
Future Landfill Capacity Issues

16. Demolition Status

17. Demolition Status

19. LDEQ Debris Plan and Landfill Battles

21. LDEQ Debris Plan and Landfill Battles
“Hurricane Zone”
Transportation Issues
Transfer and Staging Sites
Formosan Termite Quarantine
Using Existing Landfills v. Re-opening Closed Landfills
“Enhanced” C&D Landfills
Expansion of Old Landfills
Capacity for Future?

22. Illegal Dumping

23. Litigation Murphy Oil Spill Oystermen/fishermen lawsuits
Oilfield canals litigation
Landowners property damage litigation (oil spill cases)
COE/Levee litigation
Residential/Commercial Insurance litigation

24. Oilfield Restoration Issues
Corbello Decision (2003)
LRS 30: (2003)
Addressed damages for “usable groundwater”
Deposit damages into court registry to pay for remediation

25. Oilfield Restoration Issues
Act 312 (2006)
Addresses “environmental damage” to E&P sites
LDNR develops remediation plan after hearing
Court can change
Responsible party can be ordered to fund remediation plan
Constitutional Challenge to Act 312
LDNR promulgating Act 312 regulations

26. Wetlands Permitting
O’Reilly Decision (2007 U.S. App. Lexis 1630 (5th Cir. 2007))
Corps of Engineers must consider and explain its consideration of "cumulative impacts“ in determining if an EA or an EIS is needed.
Corps’ response:
Created Task Force to redesign its decision documents.
What does this mean?
More information will be needed from 404 permit applicants.
Challenges to permits may be easier.

27. Industry Expansions Refinery Expansions New Industry Projects
German Steel Mill project (Greenfield)???
Impact on future Air permitting?

28. New Governor Gubernatorial election: Fall 2007
Governor Blanco NOT running for re-election
New leadership for LDEQ and LDNR likely

30. Conclusion Uncertain future Much could depend on: New leadership
Federal spending
Energy sector