Office of the Secretary

DNR Secretary expresses vindication on court ruling

The State Supreme Court issued a decision yesterday in New Orleans to uphold Act 312 of 2006, a legislative enactment designed to ensure proper remediation of environmental damage caused by oilfield operations. The high court declared Act 312 constitutional, emphasizing that the district courts do maintain control of the restoration process, and thus overruling a decision made by a district court judge in Catahoula parish in January 2007.

“I am pleased to see the high court agree with this law. What our agency through the Office of Conservation can do now is focus on the actual environmental restoration of old oilfield sites in Louisiana and this ruling will help take us out of the court room and onto performing land remediation,” Department of Natural Resources Secretary Scott Angelle said.

In Tuesday’s ruling, the justices recognized that while the DNR Office of Conservation has a role in determining the appropriate cleanup plan by responsible parties, it is the district court that will determine whether environmental damage exists and who is responsible for causing the damage.

In concurring opinion rendered in the Supreme Court case (M.J. Farms, Ltd. Vs. Exxon Mobil Corp., et al), Justice Bernette Johnson quoted Secretary Angelle as providing testimony to the state legislature that there was a need for public policy which would require that judicial awards for environmental remediation be placed in the registry of the court, to ensure cleanup. Secretary Angelle stated, too, that before Act 312 was passed, there was no law ensuring that awards would be used for cleanup.

The high court’s opinion, upholding the constitutionality of Act 312, helps guarantee the protection of the environment and natural resources of the state, as well as the health, safety and welfare of  the citizens, by providing a process for remediation of environmental damage.

The Office of Conservation created a special Environmental Division resulting from the new law enacted in 2006, adding a number of personnel to be charged with duties related to Act 312 and in protecting the public’s interest.

Angelle said, “This was truly landmark legislation, and I am pleased to have worked side by side with state Senator Robert Adley, former Representative William Daniel and others to help craft procedures that best protect and restore our natural resources.”