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LA HB602
Bill
Status
4/4/2025
Primary Sponsor
Jacob Landry
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AI Summary
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Transfers primary authority for determining oilfield remediation plans from courts to the Department of Energy and Natural Resources, office of conservation, which will now approve the "most feasible plan" for environmental cleanup
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Raises the legal standard for challenging a department-approved remediation plan from "preponderance of the evidence" to "clear and convincing evidence" that the plan is arbitrary and capricious
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Caps damages at the fair market value of affected property and excludes claims for activities before June 30, 1989 or more than 30 years before filing notice, damage to public surface waters, ground waters not reduced to possession, and contamination more than 36 inches below surface
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Eliminates landowner consent requirements for applying exceptions to Statewide Order No. 29-B (including RECAP risk-based cleanup standards) when the department determines the most feasible remediation plan
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Limits attorney fee and cost recovery to the period before court adoption of the most feasible plan, and allows defendants found not legally responsible to recover fees and costs from plaintiffs
Legislative Description
Provides relative to remediation of oilfield and exploration and production sites
MINERALS
Last Action
Becomes HB 694.
5/15/2025