Senate Bill No. 459, introduced by Senator Seabaugh, seeks to amend existing laws concerning the remediation of oilfield and exploration sites in Louisiana. The bill changes the terminology from "liability" to "responsibility" regarding environmental damage, requiring parties that admit or are found responsible to create a remediation plan that complies with regulatory standards, including the Risk Evaluation and Corrective Action Plan (RECAP). It also eliminates the need for landowner consent for regulatory exceptions and raises the burden of proof for contesting approved plans from "preponderance of the evidence" to "clear and convincing evidence." The court is mandated to adopt the most feasible plan unless proven otherwise, and responsible parties can either deposit funds into the court registry or pay directly for the plan's implementation.

Additionally, the bill outlines financial responsibilities, allowing parties providing evidence of environmental damage to recover their costs and reasonable attorney fees. Once the most feasible plan is adopted, responsible parties will not incur further attorney fees or costs related to remediation. The legislation repeals certain provisions regarding damages and extends the notification period for landowners about environmental testing results from ten to thirty days. It also modifies the definition of "Most Feasible Plan" to meet constitutional requirements and establishes new criteria for economic loss damages, which must be proven by clear and convincing evidence. Overall, the bill aims to streamline the remediation process while ensuring accountability for environmental damage caused by oilfield activities.

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