Louisiana Oil & Gas Association, profile picture
Uploaded byLouisiana Oil & Gas Association
424 views

Legacy School

The document summarizes Louisiana's Legacy Lawsuit and ACT 312 process for addressing oil and gas contamination on private property. It outlines that the last operator of record is responsible for remediating contamination to state standards. It also discusses standards like 29-B and RECAP for remediation, the role of the Department of Natural Resources, and landowner rights and options under the process. Key points of contention like timelines, admission of liability, and use of RECAP standards are also covered.

Embed presentation

Legacy Lawsuit School R.S. 30:29 ACT 312
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)
Operations Cont... Only the current operator of record has a right to access the site without the consent of the landowner The standard by which the operator remediates is 29-B The operator may use the standards that are in place at DEQ / EPA called RECAP RECAP may only be used with landowner consent Outside of lawsuits, consent to use RECAP is normally easily attainable
Why RECAP or 29-B RECAP is the standard used by DEQ for hazardous waste There are instances when RECAP is a better standard to apply for the environment EXAMPLE 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
Why RECAP or 29-B EXAMPLE 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.
SERP In 2010 the Office of Conservation introduced SERP as an alternative to 29-B SERP was largely based off the RECAP program at DEQ / EPA SERP never became law as it was pulled the night before it went into the register for unknown reasons
Landowner Courses of Action Landowner has 3 different courses of action if they feel there land is contaminated 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
DNR Report on Legacy HCR 167 by Rep. Karen St. Germain Directed DNR to report on Legacy Lawsuits Excerpts 271 Lawsuits 210 with no environmental data 64 Settlements 3 Remediated 35 no remediation required 29 -being evaluated, remediated and assessed
DNR Report Cont... Issues Impacting Evaluation or Remediation Timelines 1. Allowing all parties access to the property for evaluation is often disputed 2. Discovery and sampling time-lines have to be agreed upon by parties or ordered by the court 3. Limitations on the ability of parties to admit regulatory responsibility without admitting liability for other claims 4. Proving responsibility through trial and the delays inherent in all litigation 5. Remedial work requires time to complete in accordance with regulatory standards 6. 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 entirety 7. 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 parties 8. For various reasons recent oil & gas operators without any specific causal connection to environmental damage are subject to ACT 312 litigation 9. Reimbursement for ACT 312 expenses by Conservation and the AGs office only occurs after a responsible party has been determined 10. The complexity of the legal issues addressed in ACT 312 cases
Where are the suits
Problems with ACT 312 Courts have interpreted the ACT 312 process incorrectly and inconsistently Many Courts awarding damages for private claims and regulatory claims before hearing from DNR Slowness in execution leads to higher attorneys fees Compromises of 2006 have reared their head Most importantly, inability to admit responsibility for the regulatory damages only Landowners not giving consent to defendants to evaluate or remediate Have even blocked compliance orders from the Office of Conservation (Sweet Lake Land)
What we would like to fix in ACT 312 Timelines and Schedules This would establish timeframes for each step to happen holding everyone accountable Delay Cannot move to trial on the merits until DNR submits plan Jury Instructions Juries are not being told what the ACT 312 process is Access Landowner cannot deny defendant access to evaluate if notice is given Admission of Liability Allow the admission to be limited to regulatory damages
Timelines and Schedules This would establish timeframes for each step to happen holding everyone accountable Delay Cannot move to trial on the merits until DNR submits plan Jury Instructions Juries are not being told what the ACT 312 process is Access Landowner cannot deny defendant access to evaluate if notice is given Admission of Liability Allow the admission to be limited to regulatory damages
Delay Cannot move to trial on the merits until DNR submits plan Jury Instructions Juries are not being told what the ACT 312 process is Access Landowner cannot deny defendant access to evaluate if notice is given Admission of Liability Allow the admission to be limited to regulatory damages
Jury Instructions Juries are not being told what the ACT 312 process is Access Landowner cannot deny defendant access to evaluate if notice is given Admission of Liability Allow the admission to be limited to regulatory damages
Access Landowner cannot deny defendant access to evaluate if notice is given Admission of Liability Allow the admission to be limited to regulatory damages
Admission of Liability Allow the admission to be limited to regulatory damages
Admission of Liability Allow the admission to be limited to regulatory damages
What are we proposing to fix Admission of Liability Allow the admission to be limited to regulatory damages
Why can’t a compromise be reached What 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
Why can’t a compromise be reached What 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
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 Plans Decides Admits Damages Remediation
THE PROCESS LANDOWNER FILES LAWSUIT FOR CONTAMINATION
THE PROCESS LANDOWNER FILES LAWSUIT FOR CONTAMINATION
THE PROCESS LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED IS CONTAMINATION SENT TO OOC AND AG R.S. 30:29 B(1)
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
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 PARTY
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 PARTY PLANS RECEIVED BY COURT AND OOC R.S. 30:29 C(1)
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 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)
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 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)
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 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)
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 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)
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 PARTY R.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)
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 PARTY R.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 PLAN R.S. 30:29 C(5)
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 PARTY R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
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 PARTY R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
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 PARTY R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
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 PARTY R.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 PARTY R.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)
Reality LANDOWNER FILES LAWSUIT FOR CONTAMINATION
Reality LANDOWNER FILES LAWSUIT FOR CONTAMINATION
Reality LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED IS CONTAMINATION SENT TO OOC AND AG R.S. 30:29 B(1)
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 IS CONTAMINATION SENT TO OOC AND AG TRIAL ON MERITS R.S. 30:29 B(1)
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 IS CONTAMINATION SENT TO OOC AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) REGULATORY
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) REGULATORY
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 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)
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 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)
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 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)
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 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)
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 PLAN R.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)
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 PLAN R.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 PLAN R.S. 30:29 C(5)
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 PLAN R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
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 PLAN R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
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 PLAN R.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 PARTY R.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)
Proposed Solution to ACT 312 Regulatory “Other” Damages Remediation Determination Determination Party DNR Approval of Private “Extra” Admits Regulatory Plans Damages Remediation Responsible Party Determination Jury Decides Damages Regulatory Determination Remediation Determination Regulatory Damages DNR Approval of Private “Extra” Regulatory Plans Damages Remediation
The Solution LANDOWNER FILES LAWSUIT FOR CONTAMINATION
The Solution LANDOWNER FILES LAWSUIT FOR CONTAMINATION
The Solution LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED IS CONTAMINATION SENT TO OOC AND AG R.S. 30:29 B(1)
The Solution LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS OPERATORS FOR BEEN FILED IS ADMITS CONTAMINATION 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
R.S. 30:29.2 The Solution Defendant limits admission to regulatory damages LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS OPERATORS FOR BEEN FILED IS ADMITS CONTAMINATION 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
R.S. 30:29.2 The 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) COURT DETERMINES RESPONSIBLE PARTY
R.S. 30:29.2 The 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) COURT DETERMINES RESPONSIBLE PARTY PLANS RECEIVED BY COURT AND OOC R.S. 30:29 C(1)
R.S. 30:29.2 The 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) 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)
R.S. 30:29.2 The 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) 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)
R.S. 30:29.2 The 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) 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)
R.S. 30:29.2 The 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) 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)
R.S. 30:29.2 The 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) COURT R.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)
R.S. 30:29.2 The 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) COURT R.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 PLAN R.S. 30:29 C(5)
R.S. 30:29.2 The 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) COURT R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
R.S. 30:29.2 The 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) COURT R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
R.S. 30:29.2 The 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) COURT R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
R.S. 30:29.2 The 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) COURT R.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 PARTY R.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)
Legislation HB 618 by Abramson and SB 443 by Morrell are bills that amend the Code of Civil Procedure HB TBD by Jim Morris and SB 555 by Adley are bills that amend RS 30:29
Legislation Breakdown Code 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
Legislation Breakdown 30:29 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
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 Plans Problems
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 Plans Problems - Elimination of Public Hearing
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 Plans Problems - Elimination of Public Hearing
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 Plans Problems - Elimination of Public Hearing - Statutory “Original Condition” Remediation
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 Plans Problems - Elimination of Public Hearing - Statutory “Original Condition” Remediation
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 Plans Problems - Elimination of Public Hearing - Statutory “Original Condition” Remediation - Elimination of “De Novo” Appellate Review
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 Plans Problems - Elimination of Public Hearing - Statutory “Original Condition” Remediation - Elimination of “De Novo” Appellate Review
Faircloth DNR Must Choose Course of Action Damages Determination Proposal 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 Subpoena Responsible 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

More Related Content

PDF
Dublin San Ramon Services District to Limit Free Speech
byarounddublin
 
PDF
STC PMC Newsletter 2003-08
bySTC-Philadelphia Metro Chapter
 
ODP
лесу
byByambajargalaa
 
PDF
Power aware compilation
byRajeev Nadgauda
 
PPTX
Converging With The Former Audience: Cross-Platform Partnerships Slip as News...
byJake Batsell
 
PPTX
Being a designer
byAhmad Firoz
 
PDF
Sandton Post - voorjaar 2011
byJaap van den Berg
 
PDF
2016 Conduit Program
bySTC-Philadelphia Metro Chapter
 
Dublin San Ramon Services District to Limit Free Speech
byarounddublin
 
STC PMC Newsletter 2003-08
bySTC-Philadelphia Metro Chapter
 
лесу
byByambajargalaa
 
Power aware compilation
byRajeev Nadgauda
 
Converging With The Former Audience: Cross-Platform Partnerships Slip as News...
byJake Batsell
 
Being a designer
byAhmad Firoz
 
Sandton Post - voorjaar 2011
byJaap van den Berg
 
2016 Conduit Program
bySTC-Philadelphia Metro Chapter
 

Viewers also liked

PPT
Planability ETI short exhibition contractorss
byPlanabilityETI
 
PPT
Lallaa its the poem in pictures
byinskee
 
PPT
Making your fantasy job a reality
bypvwright1000
 
ODP
Boh
byjkhayaa
 
PDF
Tameer 3rd issue
byKhurram Ahmad
 
PPTX
Psalm1 – A picture of Godly happiness
byJon Juane
 
ODP
Jordi 16 7
byPilar Lalana
 
PPT
Lallaa its the poem in pictures
byinskee
 
PDF
STC-PMC November 2016 Presentation - Mobile First Content
bySTC-Philadelphia Metro Chapter
 
PDF
22. вымпелком анатолий сморгонский
byAleksey Naumkin
 
PPT
FITOXY2003
byWeb Seo Indonesia
 
PPTX
Powerrománico
byManuel Orteu Berrocal
 
PPTX
What is Intelligence?
bybenstory
 
PDF
Core Java Training in Noida
byTech Mentro
 
PDF
Useful Shareware / Freeware for Technical Communicators
bySTC-Philadelphia Metro Chapter
 
PPT
презентация1
byxxxnmxxx
 
PDF
Work Samples
byEggersP
 
PDF
UniMAP Vice Chancellor 2015 Presentation
byIr. Dr. R.Badlishah Ahmad
 
Planability ETI short exhibition contractorss
byPlanabilityETI
 
Lallaa its the poem in pictures
byinskee
 
Making your fantasy job a reality
bypvwright1000
 
Boh
byjkhayaa
 
Tameer 3rd issue
byKhurram Ahmad
 
Psalm1 – A picture of Godly happiness
byJon Juane
 
Jordi 16 7
byPilar Lalana
 
Lallaa its the poem in pictures
byinskee
 
STC-PMC November 2016 Presentation - Mobile First Content
bySTC-Philadelphia Metro Chapter
 
22. вымпелком анатолий сморгонский
byAleksey Naumkin
 
FITOXY2003
byWeb Seo Indonesia
 
Powerrománico
byManuel Orteu Berrocal
 
What is Intelligence?
bybenstory
 
Core Java Training in Noida
byTech Mentro
 
Useful Shareware / Freeware for Technical Communicators
bySTC-Philadelphia Metro Chapter
 
презентация1
byxxxnmxxx
 
Work Samples
byEggersP
 
UniMAP Vice Chancellor 2015 Presentation
byIr. Dr. R.Badlishah Ahmad
 

Similar to Legacy School

KEY
Legislative breakout session
byLouisiana Oil & Gas Association
 
KEY
Legacy lawsuit seminar
byLouisiana Oil & Gas Association
 
KEY
SPE Evangeline 10.9.12
byGifford Briggs
 
PPTX
EXISTING EXPOSURE SITUATIONS FOR OCCUPATIONAL RADIATIONEXPOSURE
bySimokoJamesPhiri1
 
PPTX
CBA Natural Resources Presentation
bybennettjones
 
PDF
Recovering NRD Assessment Costs under the New Jersey Spill Act
bybilljackson_jacksongilmourdobbs
 
Legislative breakout session
byLouisiana Oil & Gas Association
 
Legacy lawsuit seminar
byLouisiana Oil & Gas Association
 
SPE Evangeline 10.9.12
byGifford Briggs
 
EXISTING EXPOSURE SITUATIONS FOR OCCUPATIONAL RADIATIONEXPOSURE
bySimokoJamesPhiri1
 
CBA Natural Resources Presentation
bybennettjones
 
Recovering NRD Assessment Costs under the New Jersey Spill Act
bybilljackson_jacksongilmourdobbs
 

More from Louisiana Oil & Gas Association

PPTX
2017 State of the Industry - Gifford Briggs
byLouisiana Oil & Gas Association
 
PDF
LOGA | AADE Lafayette | 1.16.17
byLouisiana Oil & Gas Association
 
PPTX
Ben Broussard, LOGA - State of the Industry
byLouisiana Oil & Gas Association
 
PPTX
8 Years in Louisiana's Oil & Gas Industry - Ben Broussard, LOGA
byLouisiana Oil & Gas Association
 
PPTX
2015 State of the Industry - LOGA Don Briggs
byLouisiana Oil & Gas Association
 
PPTX
AFMS April 2014 - Louisiana Resources & Issues
byLouisiana Oil & Gas Association
 
PPT
Louisiana Resources: American Eurocopter
byLouisiana Oil & Gas Association
 
PPT
GSRMS Ben Broussard
byLouisiana Oil & Gas Association
 
KEY
LMTA
byLouisiana Oil & Gas Association
 
KEY
GBRIA
byLouisiana Oil & Gas Association
 
KEY
TIPRO: Legacy Lawsuit Update
byLouisiana Oil & Gas Association
 
KEY
Future of Natural Gas Markets: LNG & CNG
byLouisiana Oil & Gas Association
 
KEY
Police Jury Association
byLouisiana Oil & Gas Association
 
PDF
SOI2012
byLouisiana Oil & Gas Association
 
PDF
New Legislator Oil & Gas Orientation
byLouisiana Oil & Gas Association
 
KEY
LOGA CNG Fleet Seminar & Workshop
byLouisiana Oil & Gas Association
 
PPTX
LOGA State of the Industry: Houston, TX
byLouisiana Oil & Gas Association
 
PPTX
Lafayette Rotary
byLouisiana Oil & Gas Association
 
PPT
LACCE
byLouisiana Oil & Gas Association
 
PPT
LOGA Annual Meeting: NOIA President Randall Luthi
byLouisiana Oil & Gas Association
 
2017 State of the Industry - Gifford Briggs
byLouisiana Oil & Gas Association
 
LOGA | AADE Lafayette | 1.16.17
byLouisiana Oil & Gas Association
 
Ben Broussard, LOGA - State of the Industry
byLouisiana Oil & Gas Association
 
8 Years in Louisiana's Oil & Gas Industry - Ben Broussard, LOGA
byLouisiana Oil & Gas Association
 
2015 State of the Industry - LOGA Don Briggs
byLouisiana Oil & Gas Association
 
AFMS April 2014 - Louisiana Resources & Issues
byLouisiana Oil & Gas Association
 
Louisiana Resources: American Eurocopter
byLouisiana Oil & Gas Association
 
GSRMS Ben Broussard
byLouisiana Oil & Gas Association
 
LMTA
byLouisiana Oil & Gas Association
 
GBRIA
byLouisiana Oil & Gas Association
 
TIPRO: Legacy Lawsuit Update
byLouisiana Oil & Gas Association
 
Future of Natural Gas Markets: LNG & CNG
byLouisiana Oil & Gas Association
 
Police Jury Association
byLouisiana Oil & Gas Association
 
SOI2012
byLouisiana Oil & Gas Association
 
New Legislator Oil & Gas Orientation
byLouisiana Oil & Gas Association
 
LOGA CNG Fleet Seminar & Workshop
byLouisiana Oil & Gas Association
 
LOGA State of the Industry: Houston, TX
byLouisiana Oil & Gas Association
 
Lafayette Rotary
byLouisiana Oil & Gas Association
 
LACCE
byLouisiana Oil & Gas Association
 
LOGA Annual Meeting: NOIA President Randall Luthi
byLouisiana Oil & Gas Association
 

Recently uploaded

PPTX
Happiness_in_Political_Theory_Utilitarianism.pptx
byNestleah1
 
PDF
Ricky French: Ellis County TX Journalist Covering What Matters
byRicky French Midlothian
 
PDF
UPDATED VOTING CENTRES FOR SATURDAY JANUARY 31 2026 FOR THE NPP PRESIDENTIAL ...
byKweku Zurek
 
PPTX
presentation on C1 Power Sharing in 12 slides
bynamansingh0917
 
PPTX
Fixing the 13-year itch: How to make Universal Credit work for the millions o...
byResolutionFoundation
 
PDF
Digital Media Monitoring and News Gathering
byThe ClarityDesk
 
PDF
Kewal Ahuja SGF Franchise Under Scrutiny: Investor Complaints, Operational Fa...
byLaksh Oberoi
 
PDF
NPP stalwarts challenge delegate system at Supreme Court
byemmatony
 
PDF
02(19). NIS English April 01-15(2022).pdf
byRanjan Kumar Gupta
 
PDF
03(01). NIS English July 01-15(2022).pdf
byRanjan Kumar Gupta
 
PDF
02(18). NIS English March 16-31(2022).pdf
byRanjan Kumar Gupta
 
Happiness_in_Political_Theory_Utilitarianism.pptx
byNestleah1
 
Ricky French: Ellis County TX Journalist Covering What Matters
byRicky French Midlothian
 
UPDATED VOTING CENTRES FOR SATURDAY JANUARY 31 2026 FOR THE NPP PRESIDENTIAL ...
byKweku Zurek
 
presentation on C1 Power Sharing in 12 slides
bynamansingh0917
 
Fixing the 13-year itch: How to make Universal Credit work for the millions o...
byResolutionFoundation
 
Digital Media Monitoring and News Gathering
byThe ClarityDesk
 
Kewal Ahuja SGF Franchise Under Scrutiny: Investor Complaints, Operational Fa...
byLaksh Oberoi
 
NPP stalwarts challenge delegate system at Supreme Court
byemmatony
 
02(19). NIS English April 01-15(2022).pdf
byRanjan Kumar Gupta
 
03(01). NIS English July 01-15(2022).pdf
byRanjan Kumar Gupta
 
02(18). NIS English March 16-31(2022).pdf
byRanjan Kumar Gupta
 

Legacy School

  • 1.
    Legacy Lawsuit School R.S. 30:29 ACT 312
  • 2.
    Oil and GasOperations 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 thecurrent operator of record has a right to access the site without the consent of the landowner The standard by which the operator remediates is 29-B The operator may use the standards that are in place at DEQ / EPA called RECAP RECAP may only be used with landowner consent Outside of lawsuits, consent to use RECAP is normally easily attainable
  • 4.
    Why RECAP or29-B RECAP is the standard used by DEQ for hazardous waste There are instances when RECAP is a better standard to apply for the environment EXAMPLE 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 or29-B EXAMPLE 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.
    SERP In 2010 theOffice of Conservation introduced SERP as an alternative to 29-B SERP was largely based off the RECAP program at DEQ / EPA SERP never became law as it was pulled the night before it went into the register for unknown reasons
  • 7.
    Landowner Courses of Action Landowner has 3 different courses of action if they feel there land is contaminated 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 onLegacy HCR 167 by Rep. Karen St. Germain Directed DNR to report on Legacy Lawsuits Excerpts 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... IssuesImpacting Evaluation or Remediation Timelines 1. Allowing all parties access to the property for evaluation is often disputed 2. Discovery and sampling time-lines have to be agreed upon by parties or ordered by the court 3. Limitations on the ability of parties to admit regulatory responsibility without admitting liability for other claims 4. Proving responsibility through trial and the delays inherent in all litigation 5. Remedial work requires time to complete in accordance with regulatory standards 6. 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 entirety 7. 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 parties 8. For various reasons recent oil & gas operators without any specific causal connection to environmental damage are subject to ACT 312 litigation 9. Reimbursement for ACT 312 expenses by Conservation and the AGs office only occurs after a responsible party has been determined 10. The complexity of the legal issues addressed in ACT 312 cases
  • 10.
  • 12.
    Problems with ACT312 Courts have interpreted the ACT 312 process incorrectly and inconsistently Many Courts awarding damages for private claims and regulatory claims before hearing from DNR Slowness in execution leads to higher attorneys fees Compromises of 2006 have reared their head Most importantly, inability to admit responsibility for the regulatory damages only Landowners not giving consent to defendants to evaluate or remediate Have even blocked compliance orders from the Office of Conservation (Sweet Lake Land)
  • 13.
    What we wouldlike to fix in ACT 312 Timelines and Schedules This would establish timeframes for each step to happen holding everyone accountable Delay Cannot move to trial on the merits until DNR submits plan Jury Instructions Juries are not being told what the ACT 312 process is Access Landowner cannot deny defendant access to evaluate if notice is given Admission of Liability Allow the admission to be limited to regulatory damages
  • 14.
    Timelines and Schedules This would establish timeframes for each step to happen holding everyone accountable Delay Cannot move to trial on the merits until DNR submits plan Jury Instructions Juries are not being told what the ACT 312 process is Access Landowner cannot deny defendant access to evaluate if notice is given Admission of Liability Allow the admission to be limited to regulatory damages
  • 15.
    Delay Cannotmove to trial on the merits until DNR submits plan Jury Instructions Juries are not being told what the ACT 312 process is Access Landowner cannot deny defendant access to evaluate if notice is given Admission of Liability Allow the admission to be limited to regulatory damages
  • 16.
    Jury Instructions Juries are not being told what the ACT 312 process is Access Landowner cannot deny defendant access to evaluate if notice is given Admission of Liability Allow the admission to be limited to regulatory damages
  • 17.
    Access Landownercannot deny defendant access to evaluate if notice is given 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.
    Admission of Liability Allow the admission to be limited to regulatory damages
  • 20.
    What are weproposing to fix Admission of Liability Allow the admission to be limited to regulatory damages
  • 21.
    Why can’t acompromise be reached What 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
  • 22.
    Why can’t acompromise be reached What 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
  • 23.
    How ACT 312was 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 Plans Decides Admits Damages Remediation
  • 24.
    THE PROCESS LANDOWNER FILES LAWSUIT FOR CONTAMINATION
  • 25.
    THE PROCESS LANDOWNER FILES LAWSUIT FOR CONTAMINATION
  • 26.
    THE PROCESS LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED IS CONTAMINATION SENT TO OOC AND AG R.S. 30:29 B(1)
  • 27.
    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
  • 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 WITH CONTAMINATION SENT TO OOC ESTIMATED COSTS AND AG COURT DETERMINES R.S. 30:29 B(1) RESPONSIBLE PARTY
  • 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 WITH CONTAMINATION 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)
  • 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 WITH CONTAMINATION 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)
  • 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 WITH CONTAMINATION 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)
  • 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 WITH CONTAMINATION 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)
  • 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 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)
  • 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 PARTY R.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)
  • 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 PARTY R.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 PLAN R.S. 30:29 C(5)
  • 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 PARTY R.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 PLAN R.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 PARTY R.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 PLAN R.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 PARTY R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
  • 39.
    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 PARTY R.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 PARTY R.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)
  • 40.
    Reality LANDOWNER FILES LAWSUIT FOR CONTAMINATION
  • 41.
    Reality LANDOWNER FILES LAWSUIT FOR CONTAMINATION
  • 42.
    Reality LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED IS CONTAMINATION SENT TO OOC AND AG R.S. 30:29 B(1)
  • 43.
    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 IS CONTAMINATION SENT TO OOC AND AG TRIAL ON MERITS R.S. 30:29 B(1)
  • 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) FOR BEEN FILED IS CONTAMINATION SENT TO OOC 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 TO CONTAMINATION SENT TO OOC THE DEPARTMENT AND AG COURT DETERMINES TRIAL ON DAMAGES - MERITS PRIVATE AND R.S. 30:29 B(1) REGULATORY
  • 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 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 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)
  • 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 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 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)
  • 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 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 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)
  • 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 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)
  • 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 PLAN R.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)
  • 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 PLAN R.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 PLAN R.S. 30:29 C(5)
  • 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 PLAN R.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 PLAN R.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 PLAN R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
  • 54.
    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 PLAN R.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 PARTY R.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)
  • 55.
    Proposed Solution toACT 312 Regulatory “Other” Damages Remediation Determination Determination Party DNR Approval of Private “Extra” Admits Regulatory Plans Damages Remediation Responsible Party Determination Jury Decides Damages Regulatory Determination Remediation Determination Regulatory Damages DNR Approval of Private “Extra” Regulatory Plans Damages Remediation
  • 56.
    The Solution LANDOWNER FILES LAWSUIT FOR CONTAMINATION
  • 57.
    The Solution LANDOWNER FILES LAWSUIT FOR CONTAMINATION
  • 58.
    The Solution LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS FOR BEEN FILED IS CONTAMINATION SENT TO OOC AND AG R.S. 30:29 B(1)
  • 59.
    The Solution LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS OPERATORS FOR BEEN FILED IS ADMITS CONTAMINATION 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. 30:29.2 The Solution Defendant limits admission to regulatory damages LANDOWNER NOTIFICATION FILES LAWSUIT THAT SUIT HAS OPERATORS FOR BEEN FILED IS ADMITS CONTAMINATION 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
  • 61.
    R.S. 30:29.2 The 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) COURT DETERMINES RESPONSIBLE PARTY
  • 62.
    R.S. 30:29.2 The 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) COURT DETERMINES RESPONSIBLE PARTY PLANS RECEIVED BY COURT AND OOC R.S. 30:29 C(1)
  • 63.
    R.S. 30:29.2 The 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) 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)
  • 64.
    R.S. 30:29.2 The 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) 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)
  • 65.
    R.S. 30:29.2 The 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) 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)
  • 66.
    R.S. 30:29.2 The 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) 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)
  • 67.
    R.S. 30:29.2 The 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) COURT R.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)
  • 68.
    R.S. 30:29.2 The 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) COURT R.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 PLAN R.S. 30:29 C(5)
  • 69.
    R.S. 30:29.2 The 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) COURT R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
  • 70.
    R.S. 30:29.2 The 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) COURT R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
  • 71.
    R.S. 30:29.2 The 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) COURT R.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 PLAN R.S. 30:29 C(5) R.S. 30:29 C(6)a
  • 72.
    R.S. 30:29.2 The 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) COURT R.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 PARTY R.S. 30:29 C(5) R.S. 30:29 C(6)a R.S. 30:29 D(4)
  • 73.
    Legislation HB 618 byAbramson and SB 443 by Morrell are bills that amend the Code of Civil Procedure HB TBD by Jim Morris and SB 555 by Adley are bills that amend RS 30:29
  • 74.
    Legislation Breakdown Code ofCivil 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
  • 75.
    Legislation Breakdown 30:29 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
  • 76.
    Problems with FairclothProposal 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 Plans Problems
  • 77.
    Problems with FairclothProposal 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 Plans Problems - Elimination of Public Hearing
  • 78.
    Problems with FairclothProposal 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 Plans Problems - Elimination of Public Hearing
  • 79.
    Problems with FairclothProposal 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 Plans Problems - Elimination of Public Hearing - Statutory “Original Condition” Remediation
  • 80.
    Problems with FairclothProposal 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 Plans Problems - Elimination of Public Hearing - Statutory “Original Condition” Remediation
  • 81.
    Problems with FairclothProposal 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 Plans Problems - Elimination of Public Hearing - Statutory “Original Condition” Remediation - Elimination of “De Novo” Appellate Review
  • 82.
    Problems with FairclothProposal 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 Plans Problems - Elimination of Public Hearing - Statutory “Original Condition” Remediation - Elimination of “De Novo” Appellate Review
  • 83.
    Faircloth DNR Must Choose Course of Action Damages Determination Proposal 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 Subpoena Responsible 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

Editor's Notes