House Bill No. 602, introduced by Representative Jacob Landry, aims to amend and reenact provisions related to the remediation of oilfield and exploration sites in Louisiana. The bill emphasizes the need for the most feasible remediation plan, asserting that the primary right to bring claims for environmental damage belongs to the Department of Energy and Natural Resources, office of conservation. It establishes a peremptory period for remediation claims and outlines the responsibilities of parties admitting liability, as well as the procedures for developing and submitting remediation plans. The bill also modifies the legal framework for court adoption of these plans, requiring clear and convincing evidence to challenge the department's approved plan and limiting damages to the market value of the affected property.

Additionally, HB 602 refines the process for oilfield site remediation claims by clarifying existing laws and establishing a structured approach to environmental damage remediation. It changes the standard of proof for proving a more feasible plan from "preponderance of the evidence" to "clear and convincing evidence" and allows funds to be paid directly to remediation costs under certain conditions. The bill narrows the definition of environmental damage to actual damage, limits damages to fair market value, and removes provisions for additional remediation unless expressly provided. It also eliminates the responsibility for damages or payments for evaluation or remediation from parties found legally responsible, focusing on the party responsible for environmental damage as determined by the court. Overall, HB 602 seeks to streamline the remediation process while ensuring accountability and environmental protection.

Statutes affected:
HB602 Original: 30:29(A)