Environmental

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Double exposure of Hurricane Ida approaching New Orleans on August 29, 2021.
Brian McGowan, Unsplash

As hurricanes pose increasing threats to Louisiana’s industrial infrastructure, it is essential for industry managers and executives to understand the Louisiana Department of Environmental Quality’s (LDEQ) emergency declaration process. These declarations are not merely procedural — they carry significant operational, regulatory, and environmental implications for Louisiana industry.

LDEQ may issue an emergency declaration in anticipation of, or immediately following, a major weather event such as a hurricane. This action is typically coordinated with the Governor’s Office of Homeland Security & Emergency Preparedness and other state and federal agencies. The declaration is based on expected or actual disruptions that could affect facility operations, public safety, environmental protection, and access to resources.Continue Reading Storm Ready, Rule Steady: What To Know About LDEQ’s Emergency Declarations in the Face of Hurricane Season

A significant number of oil spills have been reported in the wake of Hurricane Ida’s passage over the Gulf of Mexico and south Louisiana. Does a major hurricane like Ida qualify as an “act of God” under the Oil Pollution Act so as to provide a defense to spill liability? This post examines the act of God defense under the Oil Pollution Act.
Continue Reading Hurricane Ida and OPA’s Acts of God

On August 27, 2021, with Hurricane Ida’s impact on South Louisiana imminent, the Louisiana Department of Environmental Quality (LDEQ) issued a statewide Declaration of Emergency. The Declaration provided guidance on a number of expected impacts of the storm, including “upset” of Louisiana Pollutant Discharge Elimination System permits by wastewater treatment plants, the influx of solid waste disposal at landfills, the need to repair permitted facilities to commence operations, and the extension of deadlines. The original Declaration was set to expire on September 26, 2021. On August 28, LDEQ issued the First Amended Declaration of Emergency, which was substantively identical to the first and also applied to the entire state.Continue Reading LDEQ’s Hurricane Ida Emergency Declarations: What Do They Cover?

Environmental issues may arise relating to shut-downs, start-ups, and upsets, as well as spills or releases from operating facilities in Texas relating to Harvey and the massive flooding that resulted. Many operating permits and authorizations require notification to TCEQ and/or EPA for force majeure events, such as floods and storms. Verbal notifications followed by written…