Alert

Louisiana Department of Natural Resources Issues Ruling on First Act 312 Hearing

April 24, 2009

Tensas Poppadoc, Inc. et al v. Chevron USA, Inc., et al
No. 40769-B, 7th JDC, Concordia Parish, Louisiana

In a case of first impression under Act 312, the Commissioner of Conservation has issued reasons supporting a most feasible plan for assessment and remediation of contaminated property pursuant to Act 312 of the 2006 legislative session.  Under Act 312 the Commissioner is required to structure a plan for property contaminated by oilfield waste that is the most feasible plan for evaluation and remediation of the property.

The Commissioner rejected the plan submitted by Chevron as well as that submitted by the landowners, finding that neither plan met the test under the Act for being most feasible, because neither plan properly delineated the full extent of the environmental damage to the subject property.  The court ordered that soil contamination generally must be remediated to meet the applicable standards established under Statewide Order No. 29-B, except that remediation of TPH-D and TPH-O contamination would have to satisfy RECAP screening standards.  RECAP standards also would control remediation of all groundwater contamination. 

This controversy now returns to the 7th Judicial District Court in Concordia Parish for a hearing before Judge Leo Booth, the trial judge on the original case.  The judge is required to accept DNR’s plan, unless the court finds by preponderance of the evidence that another plan is a more feasible plan for assessment and remediation of the soils and groundwater at the subject site.

A more detailed analysis of this ruling from the Commission and its plan will be forthcoming in the near future.  For more information, contact a McGlinchey Stafford Environmental Law attorney.