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  • Transcript

    • 1. Legacy Lawsuit School R.S. 30:29 ACT 312
    • 2. Oil and Gas Operations The last operator of record is responsible for bringing the location into compliance with state standards - 29-B (regulatory damages) LSA R.S. 30:82(9) The last operator is also responsible for full-filling any contractual obligation that he has to the landowner (private claims)
    • 3. Operations Cont...Only the current operator of record has aright to access the site without the consentof the landownerThe standard by which the operatorremediates is 29-BThe operator may use the standards that arein place at DEQ / EPA called RECAPRECAP may only be used with landownerconsentOutside of lawsuits, consent to use RECAP isnormally easily attainable
    • 4. Why RECAP or 29-BRECAP is the standard used by DEQ forhazardous wasteThere are instances when RECAP is a betterstandard to apply for the environmentEXAMPLE 29B has a limit on oil and grease concentration in soil 29B does not have any limits on individual hydrocarbon fractions (the individual carbon chains that make up hydrocarbons) like benzene A site could therefore pass 29B standards for oil and grease (and require no remediation) but fail the standards for benzene under RECAP
    • 5. Why RECAP or 29-BEXAMPLE 29B has limits on salt concentrations in soil that are based on agriculture standards and are not health risk based A given salt concentration could exceed 29B but have no risk to human health If the location has no present or future utility as farmland, RECAP would suggest that the most environmentally responsible course of action is to leave the salt in place To dig and haul the salt impacted soil would cause a negative impact by taking up limited space at a disposal facility when the salt in place has no health risk If land has utility as farmland, treatment of the salt in place is the environmentally preferred course of action.
    • 6. SERPIn 2010 the Office of Conservationintroduced SERP as an alternative to 29-BSERP was largely based off the RECAPprogram at DEQ / EPASERP never became law as it was pulled thenight before it went into the register forunknown reasons
    • 7. Landowner Courses of ActionLandowner has 3 different courses of action if they feel there land iscontaminated Contact the current operator of record and ask them to remediate (bills filed by T.Burns and Cortez would make this mandatory) File an environmental complaint with the Department of Natural Resources / Office of Conservation - which may result in compliance order 7 of these filed in 2011 2 required no action by operator 1 operator and landowner were directed to meet and resolved the issues 4 resulted in one or more compliance orders for evaluation and/or remediation which are currently being carried out File a lawsuit under ACT 312
    • 8. DNR Report on LegacyHCR 167 by Rep. Karen St. Germain Directed DNR to report on Legacy LawsuitsExcerpts 271 Lawsuits 210 with no environmental data 64 Settlements 3 Remediated 35 no remediation required 29 -being evaluated, remediated and assessed
    • 9. DNR Report Cont...Issues Impacting Evaluation or Remediation Timelines1. Allowing all parties access to the property for evaluation is often disputed2. Discovery and sampling time-lines have to be agreed upon by parties or ordered by the court3. Limitations on the ability of parties to admit regulatory responsibility without admitting liability for other claims4. Proving responsibility through trial and the delays inherent in all litigation5. Remedial work requires time to complete in accordance with regulatory standards6. OOC role under ACT 312 in submitting to the Court its most feasible evaluation or remediation plan to meet applicable State Regulatory standards generally occurs after the completion of the trial on the merits in its entirety7. ACT 312 provides no way to enforce requirement in R.S> 30:29.1 that all environmental sample data associated with E & P activity be submitted to OOC within 10 days of receipt by all parties8. For various reasons recent oil & gas operators without any specific causal connection to environmental damage are subject to ACT 312 litigation9. Reimbursement for ACT 312 expenses by Conservation and the AGs office only occurs after a responsible party has been determined10. The complexity of the legal issues addressed in ACT 312 cases
    • 10. Where are the suits
    • 11. Problems with ACT 312Courts have interpreted the ACT 312 processincorrectly and inconsistently Many Courts awarding damages for private claims and regulatory claims before hearing from DNRSlowness in execution leads to higher attorneysfeesCompromises of 2006 have reared their head Most importantly, inability to admit responsibility for the regulatory damages onlyLandowners not giving consent to defendants toevaluate or remediate Have even blocked compliance orders from the Office of Conservation (Sweet Lake Land)
    • 12. What we would like to fix in ACT 312Timelines and Schedules This would establish timeframes for each step to happen holding everyone accountableDelay Cannot move to trial on the merits until DNR submits planJury Instructions Juries are not being told what the ACT 312 process isAccess Landowner cannot deny defendant access to evaluate if notice is givenAdmission of Liability Allow the admission to be limited to regulatory damages
    • 13. Timelines and Schedules This would establish timeframes for each step to happen holding everyone accountableDelay Cannot move to trial on the merits until DNR submits planJury Instructions Juries are not being told what the ACT 312 process isAccess Landowner cannot deny defendant access to evaluate if notice is givenAdmission of Liability Allow the admission to be limited to regulatory damages
    • 14. Delay Cannot move to trial on the merits until DNR submits planJury Instructions Juries are not being told what the ACT 312 process isAccess Landowner cannot deny defendant access to evaluate if notice is givenAdmission of Liability Allow the admission to be limited to regulatory damages
    • 15. Jury Instructions Juries are not being told what the ACT 312 process isAccess Landowner cannot deny defendant access to evaluate if notice is givenAdmission of Liability Allow the admission to be limited to regulatory damages
    • 16. Access Landowner cannot deny defendant access to evaluate if notice is givenAdmission of Liability Allow the admission to be limited to regulatory damages
    • 17. Admission of Liability Allow the admission to be limited to regulatory damages
    • 18. Admission of Liability Allow the admission to be limited to regulatory damages
    • 19. What are we proposing to fixAdmission of Liability Allow the admission to be limited to regulatory damages
    • 20. Why can’t a compromise be reachedWhat we want that they will not agree to? DNR public hearing to develop plan (which is currently part of ACT 312)Why is that so important? 2 reasons Validates the plan by being an open and transparent process Only mechanism to consider RECAP as alternative to 29-B besides landowner consent
    • 21. Why can’t a compromise be reachedWhat are they saying is wrong with what we want Costs - This will be an unfair burden on plaintiff to try the case 2 times - very expensive ANSWER - all plaintiff costs are covered by the party admitting responsibility currently under ACT 312 - so there is no additional costs. Also, ACT 312 currently requires a public hearing as part of the determination of the plan Primary Jurisdiction - Another way to get around to primary jurisdiction ANSWER - There is no change in the jurisdiction of the trial, nor is there any change in authority of the district court in approval of the plan or their standard of review of the plan
    • 22. How ACT 312 was intended to work Responsible Party Regulatory “Other” Damages Determination Remediation Determination Determination Jury Party DNR Approval of Private “Extra”Decides Admits Regulatory Plans Damages Remediation How ACT 312 has worked Damages Regulatory Responsible Party Determination Remediation Determination Determination Regulatory Damages Jury Party DNR Approval of Private “Extra” Regulatory PlansDecides Admits Damages Remediation
    • 23. THE PROCESS LANDOWNER FILES LAWSUIT FORCONTAMINATION
    • 24. THE PROCESS LANDOWNER FILES LAWSUIT FORCONTAMINATION
    • 25. THE PROCESS LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED ISCONTAMINATION SENT TO OOC AND AG R.S. 30:29 B(1)
    • 26. THE PROCESS OPERATORS ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED IS R.S. 30:29 C(1)CONTAMINATION SENT TO OOC AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTY
    • 27. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITHCONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTY
    • 28. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITHCONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTY PLANS RECEIVED BY COURT AND OOC R.S. 30:29 C(1)
    • 29. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITHCONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTY LANDOWNER OR OTHER PLANS PARTIES RECEIVED BY SUMBIT PLAN(S) COURT AND TO OOC/COURT OOC ALONG WITH ESTIMATED COSTS R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 30. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITHCONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTY LANDOWNER OR OTHER OOC REVIEWS PLANS PARTIES PLAN AND GIVES RECEIVED BY SUMBIT PLAN(S) ESTIMATE OF COURT AND TO OOC/COURT REVIEW AND OOC ALONG WITH COSTS TO ESTIMATED COURT COSTS R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 31. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITHCONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTY LANDOWNER OR OTHER OOC REVIEWS PLANS PARTIES OOC CONDUCTS PLAN AND GIVES RECEIVED BY SUMBIT PLAN(S) PUBLIC HEARING ESTIMATE OF COURT AND TO OOC/COURT ON THE PLAN(S) REVIEW AND OOC ALONG WITH COSTS TO ESTIMATED COURT COSTS R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 32. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITHCONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTY LANDOWNER OR OTHER OOC REVIEWS OOC SELECTS PLANS PARTIES OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH COSTS TO ESTIMATED COURT COSTS R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 33. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH CONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTYR.S. 30:29 C(5) COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 34. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH CONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTYR.S. 30:29 C(5) COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT ORDERS RESPONSIBLE PARTY TO FUND THE PLANR.S. 30:29 C(5)
    • 35. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH CONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTYR.S. 30:29 C(5) COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT RESPONSIBLE ORDERS PARTY DEPOSITS RESPONSIBLE MONEY INTO THE PARTY TO REGISTRY OF THE FUND THE COURT PLANR.S. 30:29 C(5) R.S. 30:29 C(6)a
    • 36. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH CONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTYR.S. 30:29 C(5) COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT RESPONSIBLE ORDERS PARTY DEPOSITS COURT RESPONSIBLE MONEY INTO THE DETERMINES PARTY TO REGISTRY OF THE DAMAGES FUND THE COURT PLANR.S. 30:29 C(5) R.S. 30:29 C(6)a
    • 37. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH CONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTYR.S. 30:29 C(5) COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT RESPONSIBLE ORDERS PARTY DEPOSITS COURT RESPONSIBLE REMEDIATION MONEY INTO THE DETERMINES PARTY TO TAKES PLACE REGISTRY OF THE DAMAGES FUND THE COURT PLANR.S. 30:29 C(5) R.S. 30:29 C(6)a
    • 38. THE PROCESS OPERATORS R.S. 30:29 C(1) ADMITS LIABILITY FOR ALL DAMAGES LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS PARTY SUBMITS PLAN FOR BEEN FILED IS R.S. 30:29 C(1) TO OOC ALONG WITH CONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTYR.S. 30:29 C(5) COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT EXCESS RESPONSIBLE ORDERS REMEDIATION PARTY DEPOSITS COURT RESPONSIBLE REMEDIATION FUNDS ARE MONEY INTO THE DETERMINES PARTY TO TAKES PLACE RETURNED TO REGISTRY OF THE DAMAGES FUND THE RESPONSIBLE COURT PLAN PARTYR.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)
    • 39. Reality LANDOWNER FILES LAWSUIT FORCONTAMINATION
    • 40. Reality LANDOWNER FILES LAWSUIT FORCONTAMINATION
    • 41. Reality LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED ISCONTAMINATION SENT TO OOC AND AG R.S. 30:29 B(1)
    • 42. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO OPERATOR TO REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) FOR BEEN FILED ISCONTAMINATION SENT TO OOC AND AG TRIAL ON MERITS R.S. 30:29 B(1)
    • 43. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) FOR BEEN FILED ISCONTAMINATION SENT TO OOC AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) REGULATORY
    • 44. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TOCONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) REGULATORY
    • 45. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TOCONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) RESPONSIBLE REGULATORY PARTY SUBMITS PLAN TO OOC ALONG WITH ESTIMATED COSTS PLANS R.S. 30:29 C(1) RECEIVED BY COURT AND OOC LANDOWNER OR OTHER R.S. 30:29 C(1) PARTIES SUMBIT PLAN(S) TO OOC/COURT ALONG WITH ESTIMATED COSTS R.S. 30:29 C(1)
    • 46. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TOCONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) RESPONSIBLE REGULATORY PARTY SUBMITS PLAN TO OOC ALONG WITH ESTIMATED COSTS OOC REVIEWS PLANS R.S. 30:29 C(1) PLAN AND GIVES RECEIVED BY ESTIMATE OF COURT AND REVIEW AND OOC COSTS TO COURT LANDOWNER OR OTHER R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES SUMBIT PLAN(S) TO OOC/COURT ALONG WITH ESTIMATED COSTS R.S. 30:29 C(1)
    • 47. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TOCONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) RESPONSIBLE REGULATORY PARTY SUBMITS PLAN TO OOC ALONG WITH ESTIMATED COSTS OOC REVIEWS PLANS R.S. 30:29 C(1) OOC CONDUCTS PLAN AND GIVES RECEIVED BY PUBLIC HEARING ESTIMATE OF COURT AND ON THE PLAN(S) REVIEW AND OOC COSTS TO COURT LANDOWNER R.S. 30:29 C(2) OR OTHER R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES SUMBIT PLAN(S) TO OOC/COURT ALONG WITH ESTIMATED COSTS R.S. 30:29 C(1)
    • 48. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TOCONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) RESPONSIBLE REGULATORY PARTY SUBMITS PLAN TO OOC ALONG WITH ESTIMATED COSTS OOC SELECTS OOC REVIEWS PLANS R.S. 30:29 C(1) OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND ON THE PLAN(S) REVIEW AND COURT OOC COSTS TO COURT LANDOWNER R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES SUMBIT PLAN(S) TO OOC/COURT ALONG WITH ESTIMATED COSTS R.S. 30:29 C(1)
    • 49. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TO CONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) RESPONSIBLE REGULATORY PARTY SUBMITS PLANR.S. 30:29 C(5) TO OOC ALONG WITH ESTIMATED COSTS COURT SHALL ADOPT PLAN OOC SELECTS OOC REVIEWS PLANS R.S. 30:29 C(1) SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC OF EVIDENCE COSTS TO AGAINST COURT IT LANDOWNER R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES SUMBIT PLAN(S) TO OOC/COURT ALONG WITH ESTIMATED COSTS R.S. 30:29 C(1)
    • 50. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TO CONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) RESPONSIBLE REGULATORY PARTY SUBMITS PLANR.S. 30:29 C(5) TO OOC ALONG WITH ESTIMATED COSTS COURT SHALL ADOPT PLAN OOC SELECTS OOC REVIEWS PLANS R.S. 30:29 C(1) SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC OF EVIDENCE COSTS TO AGAINST COURT IT LANDOWNER R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES SUMBIT PLAN(S) TO OOC/COURT ALONG WITH ESTIMATED COURT COSTS ORDERS RESPONSIBLE R.S. 30:29 C(1) PARTY TO FUND THE PLANR.S. 30:29 C(5)
    • 51. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TO CONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) RESPONSIBLE REGULATORY PARTY SUBMITS PLANR.S. 30:29 C(5) TO OOC ALONG WITH ESTIMATED COSTS COURT SHALL ADOPT PLAN OOC SELECTS OOC REVIEWS PLANS R.S. 30:29 C(1) SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC OF EVIDENCE COSTS TO AGAINST COURT IT LANDOWNER R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES SUMBIT PLAN(S) TO OOC/COURT ALONG WITH ESTIMATED COURT COSTS RESPONSIBLE ORDERS PARTY DEPOSITS RESPONSIBLE MONEY INTO THE R.S. 30:29 C(1) PARTY TO REGISTRY OF THE FUND THE COURT PLANR.S. 30:29 C(5) R.S. 30:29 C(6)a
    • 52. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TO CONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) RESPONSIBLE REGULATORY PARTY SUBMITS PLANR.S. 30:29 C(5) TO OOC ALONG WITH ESTIMATED COSTS COURT SHALL ADOPT PLAN OOC SELECTS OOC REVIEWS PLANS R.S. 30:29 C(1) SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC OF EVIDENCE COSTS TO AGAINST COURT IT LANDOWNER R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES SUMBIT PLAN(S) TO OOC/COURT ALONG WITH ESTIMATED COURT COSTS RESPONSIBLE ORDERS PARTY DEPOSITS REMEDIATION RESPONSIBLE MONEY INTO THE TAKES PLACE R.S. 30:29 C(1) PARTY TO REGISTRY OF THE FUND THE COURT PLANR.S. 30:29 C(5) R.S. 30:29 C(6)a
    • 53. Reality LANDOWNER SETTLES SUIT GIVES CONSENT TO REMEDIATION OPERATOR TO TAKES PLACE REMEDIATE ACCORDING TO OPERATORS PLAN LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS R.S. 30:29 J(1) COURT REFERS FOR BEEN FILED IS THE MATTER TO CONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) RESPONSIBLE REGULATORY PARTY SUBMITS PLANR.S. 30:29 C(5) TO OOC ALONG WITH ESTIMATED COSTS COURT SHALL ADOPT PLAN OOC SELECTS OOC REVIEWS PLANS R.S. 30:29 C(1) SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC OF EVIDENCE COSTS TO AGAINST COURT IT LANDOWNER R.S. 30:29 C(2) R.S. 30:29 C(2) OR OTHER R.S. 30:29 C(1) R.S. 30:29 C(1) PARTIES SUMBIT PLAN(S) TO OOC/COURT ALONG WITH ESTIMATED COURT EXCESS COSTS RESPONSIBLE ORDERS PARTY DEPOSITS REMEDIATION REMEDIATION RESPONSIBLE MONEY INTO THE TAKES PLACE FUNDS ARE R.S. 30:29 C(1) PARTY TO REGISTRY OF THE RETURNED TO FUND THE COURT RESPONSIBLE PLAN PARTYR.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)
    • 54. Proposed Solution to ACT 312 Regulatory “Other” Damages Remediation Determination Determination Party DNR Approval of Private “Extra” Admits Regulatory Plans Damages RemediationResponsible Party Determination Jury Decides Damages Regulatory Determination Remediation Determination Regulatory Damages DNR Approval of Private “Extra” Regulatory Plans Damages Remediation
    • 55. The Solution LANDOWNER FILES LAWSUIT FORCONTAMINATION
    • 56. The Solution LANDOWNER FILES LAWSUIT FORCONTAMINATION
    • 57. The Solution LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED ISCONTAMINATION SENT TO OOC AND AG R.S. 30:29 B(1)
    • 58. The Solution LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS OPERATORS FOR BEEN FILED IS ADMITSCONTAMINATION SENT TO OOC LIABILITY FOR AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURT DETERMINES RESPONSIBLE PARTY
    • 59. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS OPERATORS FOR BEEN FILED IS ADMITSCONTAMINATION SENT TO OOC LIABILITY FOR AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURT DETERMINES RESPONSIBLE PARTY
    • 60. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITHCONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURT DETERMINES RESPONSIBLE PARTY
    • 61. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITHCONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURT DETERMINES RESPONSIBLE PARTY PLANS RECEIVED BY COURT AND OOC R.S. 30:29 C(1)
    • 62. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITHCONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURT DETERMINES RESPONSIBLE PARTY LANDOWNER OR OTHER PLANS PARTIES RECEIVED BY SUMBIT PLAN(S) COURT AND TO OOC/COURT OOC ALONG WITH ESTIMATED COSTS R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 63. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITHCONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURT DETERMINES RESPONSIBLE PARTY LANDOWNER OR OTHER OOC REVIEWS PLANS PARTIES PLAN AND GIVES RECEIVED BY SUMBIT PLAN(S) ESTIMATE OF COURT AND TO OOC/COURT REVIEW AND OOC ALONG WITH COSTS TO ESTIMATED COURT COSTS R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 64. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITHCONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURT DETERMINES RESPONSIBLE PARTY LANDOWNER OR OTHER OOC REVIEWS PLANS PARTIES OOC CONDUCTS PLAN AND GIVES RECEIVED BY SUMBIT PLAN(S) PUBLIC HEARING ESTIMATE OF COURT AND TO OOC/COURT ON THE PLAN(S) REVIEW AND OOC ALONG WITH COSTS TO ESTIMATED COURT COSTS R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 65. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITHCONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURT DETERMINES RESPONSIBLE PARTY LANDOWNER OR OTHER OOC REVIEWS OOC SELECTS PLANS PARTIES OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH COSTS TO ESTIMATED COURT COSTS R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 66. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITH CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURTR.S. 30:29 C(5) DETERMINES RESPONSIBLE PARTY COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1)
    • 67. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITH CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURTR.S. 30:29 C(5) DETERMINES RESPONSIBLE PARTY COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT ORDERS RESPONSIBLE PARTY TO FUND THE PLANR.S. 30:29 C(5)
    • 68. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITH CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURTR.S. 30:29 C(5) DETERMINES RESPONSIBLE PARTY COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT RESPONSIBLE ORDERS PARTY DEPOSITS RESPONSIBLE MONEY INTO THE PARTY TO REGISTRY OF THE FUND THE COURT PLANR.S. 30:29 C(5) R.S. 30:29 C(6)a
    • 69. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITH CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURTR.S. 30:29 C(5) DETERMINES RESPONSIBLE PARTY COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT RESPONSIBLE ORDERS PARTY DEPOSITS COURT RESPONSIBLE MONEY INTO THE DETERMINES PARTY TO REGISTRY OF THE DAMAGES FUND THE COURT PLANR.S. 30:29 C(5) R.S. 30:29 C(6)a
    • 70. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITH CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURTR.S. 30:29 C(5) DETERMINES RESPONSIBLE PARTY COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT RESPONSIBLE ORDERS PARTY DEPOSITS COURT RESPONSIBLE REMEDIATION MONEY INTO THE DETERMINES PARTY TO TAKES PLACE REGISTRY OF THE DAMAGES FUND THE COURT PLANR.S. 30:29 C(5) R.S. 30:29 C(6)a
    • 71. R.S. 30:29.2The Solution Defendant limits admission to regulatory damages R.S. 30:29 C(1) LANDOWNER NOTIFICATION RESPONSIBLE FILES LAWSUIT THAT SUIT HAS OPERATORS PARTY SUBMITS PLAN FOR BEEN FILED IS ADMITS TO OOC ALONG WITH CONTAMINATION SENT TO OOC LIABILITY FOR ESTIMATED COSTS AND AG ALL DAMAGES R.S. 30:29 C(1) R.S. 30:29 B(1) COURTR.S. 30:29 C(5) DETERMINES RESPONSIBLE PARTY COURT LANDOWNER SHALL OR OTHER ADOPT PLAN OOC REVIEWS OOC SELECTS PLANS PARTIES SENT BY OOC OOC CONDUCTS PLAN AND GIVES PLAN AND RECEIVED BY SUMBIT PLAN(S) UNLESS THERE IS A PUBLIC HEARING ESTIMATE OF SUBMITS TO COURT AND TO OOC/COURT PREPONDERANCE ON THE PLAN(S) REVIEW AND COURT OOC ALONG WITH OF EVIDENCE COSTS TO ESTIMATED AGAINST COURT COSTS IT R.S. 30:29 C(2) R.S. 30:29 C(2) R.S. 30:29 C(1) R.S. 30:29 C(1) R.S. 30:29 C(1) COURT EXCESS RESPONSIBLE ORDERS REMEDIATION PARTY DEPOSITS COURT RESPONSIBLE REMEDIATION FUNDS ARE MONEY INTO THE DETERMINES PARTY TO TAKES PLACE RETURNED TO REGISTRY OF THE DAMAGES FUND THE RESPONSIBLE COURT PLAN PARTYR.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)
    • 72. LegislationHB 618 by Abramson and SB 443 by Morrellare bills that amend the Code of CivilProcedureHB TBD by Jim Morris and SB 555 by Adleyare bills that amend RS 30:29
    • 73. Legislation BreakdownCode of Civil Procedure Legislation Enacts Article 1563 - Admissions of liability for Environmental Damage Allows party to LIMIT the admission of liability to responsibility for implementing the most feasible plan (evaluation or remediation to applicable regulatory standards Admission is NOT a waiver of rights and defenses Admission is NOT for private claims Admission is admissible as evidence
    • 74. Legislation Breakdown30:29 Legislation - same as CCP bill plus.... States that nothing in 30:29 shall create a cause of action or additional obligations Following an admission the Department shall notify all operators and make public notice of the admission Gives Court a timeframe that they must refer the matter to the Department - 30 days
    • 75. Problems with Faircloth Proposal SB 528 - Gerald Long Responsible Party “Other” Damages Regulatory Determination Determination Remediation Determination Jury Party Private “Extra” DNR Approval of Decides Admits Damages Remediation Regulatory PlansProblems
    • 76. Problems with Faircloth Proposal SB 528 - Gerald Long Responsible Party “Other” Damages Regulatory Determination Determination Remediation Determination Jury Party Private “Extra” DNR Approval of Decides Admits Damages Remediation Regulatory PlansProblems - Elimination of Public Hearing
    • 77. Problems with Faircloth Proposal SB 528 - Gerald Long Responsible Party “Other” Damages Regulatory Determination Determination Remediation Determination Jury Party Private “Extra” DNR Approval of Decides Admits Damages Remediation Regulatory PlansProblems - Elimination of Public Hearing
    • 78. Problems with Faircloth Proposal SB 528 - Gerald Long Responsible Party “Other” Damages Regulatory Determination Determination Remediation Determination Jury Party Private “Extra” DNR Approval of Decides Admits Damages Remediation Regulatory PlansProblems - Elimination of Public Hearing - Statutory “Original Condition” Remediation
    • 79. Problems with Faircloth Proposal SB 528 - Gerald Long Responsible Party “Other” Damages Regulatory Determination Determination Remediation Determination Jury Party Private “Extra” DNR Approval of Required by Law Decides Admits Damages Remediation Regulatory PlansProblems - Elimination of Public Hearing - Statutory “Original Condition” Remediation
    • 80. Problems with Faircloth Proposal SB 528 - Gerald Long Responsible Party “Other” Damages Regulatory Determination Determination Remediation Determination Jury Party Private “Extra” DNR Approval of Required by Law Decides Admits Damages Remediation Regulatory PlansProblems - Elimination of Public Hearing - Statutory “Original Condition” Remediation - Elimination of “De Novo” Appellate Review
    • 81. Problems with Faircloth Proposal SB 528 - Gerald Long Responsible Party “Other” Damages Regulatory Determination Determination Remediation Determination Jury Party Private “Extra” DNR Approval of Required by Law Decides Admits Damages Remediation Regulatory PlansProblems - Elimination of Public Hearing - Statutory “Original Condition” Remediation - Elimination of “De Novo” Appellate Review
    • 82. Faircloth DNR Must Choose Course of Action Damages DeterminationProposal DNR Intervenes Regulatory Develops plan in SB 528 private Subject to subpoena Damages Private “Extra” OR Damages Remediation DNR Compliance Proceeding Party Issues Compliance order to Admits remediate Not Subject to SubpoenaResponsible Party Determination Jury Decides Damages Court determination Determination of remediation plan without public Regulatory hearing Damages Limited to court Private “Extra” approval of plan Damages Remediation

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