Nearing the end of the 2025 Regular Legislative Session, on June 11, 2025, the Louisiana Legislature passed Senate Bill No. 244 (“SB 244”), which brings significant changes to Louisiana’s oilfield site remediation statute, commonly known as “Act 312” (found at
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Supreme Court Allows the IRS Seizure of Unrelated Refunds to Cut Off a Taxpayer’s Right to Tax Court
A new Supreme Court decision creates potential traps for the unwary and gives the Internal Revenue Service (“IRS”) nationwide power to leave a taxpayer without a remedy to contest certain collection actions. Importantly, while a Collection Due Process (“CDP”) action…
Scaffolds Down, Drones Up: Modernizing Tank Inspections in Louisiana
On May 21, 2025, the Louisiana Department of Environmental Quality (“LDEQ” or “the Department”) officially approved the use of unmanned aircraft systems (“UAS”), or drones, for visual inspections of aboveground storage tanks under LAC 33:III.2103.D.2.e.[1] LDEQ estimated a potential…
Requiring Security for Costs in Louisiana Litigation: A Strategic Tool for Defendants
In Louisiana state courts, litigation costs can escalate quickly, especially for a defendant. While a prevailing party is generally entitled to an award of costs, the prospect of bearing unrecoverable costs quickly becomes a serious concern for defendants when facing…
Cutting Back the NEPA Judicial Oak
It seems that the death of Chevron deference was not the end of agency deference. Almost a year after striking down Chevron deference, today the U.S. Supreme Court issued a decision on the role of judicial deference towards an agency’s…
Breaking Ground? Land Use Moratoriums and Environmental Justice: Inclusive Louisiana et al. v. St James Parish et al., No. 23- 30908, (5th Cir. Apr. 9, 2025)
While environmental justice initiatives may have experienced a recent administrative curtailment at the direction of the executive branch,[1] recent litigation trends show that EJ-related issues are far from moot. On Wednesday, April 9, 2025, the United States Court of…
30(b)(6) Depositions: The More You Know
Deposing Corporate Representatives? You Might Get More Time Than You Think
In complex litigation, the strategic use of discovery tools is not just beneficial – it’s imperative. Every litigator knows that a well-executed deposition can be a game-changer by uncovering…
EPA Brought an Axe to a Regulatory Fight
On March 12, 2025, the U.S. Environmental Protection Agency (“EPA”) announced its deregulatory agenda.[1] Although most of the 31 actions identified by the EPA will require formal notice and comment rulemaking, with litigation ensuing, Wednesday’s announcement makes good on…
Representation and Warranty Insurance – Considerations for M&A Transactions
In M&A transactions, the seller makes representations and warranties to the buyer regarding the business being sold, its ownership, assets, operations, and liabilities. The seller typically indemnifies the buyer from losses incurred post-closing resulting from inaccuracies in those representations and…
“Unleashing American Energy” – Executive Order Summary
On the first day of his second term in office, President Trump issued an Executive Order titled “Unleashing American Energy.” This Order contains several provisions intended to encourage American energy production and remove barriers that “have impeded the…