A Louisiana federal court recently blocked EPA and DOJ from enforcing Title VI against the State of Louisiana to require disparate and cumulative impact analyses under federal environmental justice (EJ) policies for its state permitting. Read more about this decision
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Louisiana Appeals Court Finds Environmental Justice Is Part of the Louisiana Public Trust Duty
In the recent First Circuit Court of Appeal decision reinstating the Formosa facility permits, the court clarified that consideration of environmental justice is included in the Louisiana Public Trust Doctrine. To learn more about how this opinion may affect permit…
Tulane Offshore Wind Conference Highlights Next Steps in GOM Offshore Wind Development
The 2nd Annual Tulane Offshore Wind Conference capped off Louisiana Offshore Wind Week on Friday, January 19th. The conference included panels of offshore wind energy professionals discussing topics including leasing, permitting, financing, and the supply chain for US offshore wind…
USCG Updates Guidance on Safer Seas Act Compliance, Continuing to Show Strict Interpretation and Enforcement of Its Requirements
On December 29, 2023, the USCG issued Maritime Safety Information Bulletin (MSIB) 13-2023, Change 1, an updated version of MSIB 13-23, adding a Frequently Asked Questions section to the document addressing compliance with the Safer Seas Act which was passed…
Louisiana International Terminal Project Receives Federal Funding Boost
The Port of New Orleans has been awarded a $73.8 million federal grant to support the initial construction of its Louisiana International Terminal (LIT) project in St. Bernard Parish. The new terminal, located in Violet, Louisiana, will be able to…
Fifth Circuit Applies U.S. Supreme Court’s Sackett Decision to End Long-Standing WOTUS Dispute
In the Fifth Circuit’s first application of Sackett v. EPA, the court ends a ten-year conflict regarding federal Clean Water Act jurisdiction over a Louisiana property, holding that under the new Supreme Court standard no WOTUS exist on the property.…
When It Comes to Pilot Errors: State Statutes Preempt General Maritime Law
On December 4, 2023, in Marquette Transportation Co. Gulf-Inland, LLC v. Navigation Maritime Bulgare JSC, et al., the Court of Appeals for the Fifth Circuit held that state law—and specifically in this case, Louisiana law—governs the applicable negligence standard and…
Louisiana Granted Primacy Over Class VI Injection Wells
At long last, the State of Louisiana’s request to take over primary enforcement authority for the permitting of Class VI injection wells has been approved. What does this mean for CCS in Louisiana?…
EPA’s Denial of Louisiana’s Revised SIP
On December 7, 2023, the Environmental Protection Agency (EPA) disapproved the state implementation plan (SIP) revisions for the Baton Rouge ozone nonattainment area that Louisiana set forth in response to EPA’s 2015 SIP Call rule. This 2015 SIP Call rule…
Climate-Related Lawsuits Continue to Return to State Courts: Understanding The Latest Ruling from District of Columbia v. Exxon Mobil Corporation
A federal appeals court has affirmed that a “greenwashing” lawsuit by the District of Columbia against several major energy companies should not be heard in federal court. In doing so, the court found itself “in accord with the other courts…