Senate Bill No. 459, introduced by Senator Seabaugh, seeks to amend various provisions related to the remediation of oilfield and exploration sites in Louisiana. The bill changes the terminology from "liability" to "responsibility" concerning environmental damage and mandates that parties who admit or are found responsible must develop a remediation plan that complies with regulatory standards, including the Risk Evaluation and Corrective Action Plan (RECAP). Notably, the bill removes the requirement for landowner consent when applying exceptions to regulatory standards and shifts the burden of proof for contesting the department's approved plan from "preponderance of the evidence" to "clear and convincing evidence." Additionally, it stipulates that the court must adopt the department's approved plan unless proven otherwise and allows responsible parties to pay for the plan's implementation directly.

The legislation also introduces significant changes regarding attorney fees and costs, stating that once a remediation plan is adopted, responsible parties will not incur further fees related to expert witnesses or environmental evaluations. Conversely, defendants found not responsible can recover their attorney fees and costs from the plaintiff. The bill modifies the definition of "Most Feasible Plan" to align with constitutional requirements and limits non-remediation damages to the market value of the impacted property. It extends the timeline for providing environmental testing results from ten to thirty days and applies to cases without an approved plan by December 31, 2024. The Senate committee amendments further refine the bill by making technical adjustments and establishing an effective date.

Statutes affected:
SB459 Original: 30:29(C)(1), 30:29(M)(1)
SB459 Engrossed: 30:29(C)(1), 30:29(M)(1)