Last Minute Plea. TODAY IS THE DAY ---SEE BELOW FOR EMAIL ADDRESSES! ASK THE UNDECIDED TO VOTE NO. on SB 469-ALLAIN/ADLEY Louisiana House should kill bill intended to nullify levee lawsuit against oil, gas This is the largest Wetlands Issue of our time. Sen. Bret Allain says the purpose of Senate Bill 469 is simply to reinforce the states leadership role in coordinating the enforcement of oil and gas permits under Louisianas Coastal Zone Management Act. It does not let any company or industry off the hook for damages, he said in a recent letter to NOLA | The Times-Picayune. That is a disingenuous statement, though. What the legislation does is severely limit which agencies can file suit and for what sort of damages. The purpose of the bill is to forbid the two regional flood protection authorities in Southeast Louisiana to file suit over violations of coastal permits. Although there is no direct language in the bill, the aim is to provide a way for the 97 oil and gas companies sued last summer by the Southeast Louisiana Flood Protection Authority-East to get the case dropped. That would set bad policy and would leave residents in greater New Orleans with no practical remedy for the increased risk of storm damage caused by coastal erosion. But the bills reach is greater than just the two regional flood authorities. SB 469 would take away the rights of other local government entities to pursue any right or cause of action arising from any activity involving permitting under the Coastal Zone Management program and some provisions of the federal Clean Water Act and the federal Rivers and Harbors Act. The bill also forbids levee districts to file for damage done to levees. So, who will be left to try to protect the residents who depend on those levees and on the buffer coastal wetlands are supposed to provide? The state? Not likely. SB 469 allows the 28 legacy lawsuits filed in November by Jefferson and Plaquemines parish for dredging damage done by oil and gas companies to continue. But those cases are much more narrowly focused and would involve much smaller amounts of money. The bill has passed the Senate and a House committee and is expected to come up for debate by the full House Thursday (May 29). It ought to die there. Do lawmakers who have voted for this bill up to now really understand what it would do? Have they even asked? Have they thought about the ramifications for the 1.2 million people who live in metro New Orleans? For taxpayers who will be left to pay the bulk of the bill for restoration and protection? Sen. Allain is from Franklin, near Morgan City in St. Mary Parish. He ought to understand the increased level of risk from storms because of coastal erosion, which even the oil and gas industry admits is partially its fault. More perplexing are the New Orleans area legislators supporting SB 469, including Reps. Raymond Garofalo, R-Chalmette, Nick Lorusso, R-New Orleans, and Kirk Talbot, R-River Ridge. Whether or not they approve of the flood protection authoritys lawsuit, it was filed as an attempt to protect their constituents. And it was filed properly. A court is the appropriate place to settle whether the suits claims have merit. But the authority makes a valid point: Its flood protection system guards millions of people and billions of dollars worth of property in south Louisiana from destructive floodwaters, the lawsuit says. Those residents and the levees and pumps built to protect them are threatened by the wetlands loss created by oil and gas pipelines. Why shouldnt the industry be asked to pay part of the cost to repair it? The $10 billion in flood protection projects built post-Katrina by the U.S. Army Corps of Engineers are a major improvement over what was in place before, but the region still isnt protected from the most dangerous storms. The two regional flood protection authorities will have to spend tens of millions of dollars to maintain the system the corps built. In addition, the states master plan to protect and rebuild the coast will cost at least $50 billion -- and there arent nearly enough tax dollars on the horizon to cover it. Gov. Bobby Jindal is firmly behind SB 469; his former executive counsel Jimmy Faircloth wrote the bill. Mr. Faircloth testified in the Senate that companies could use the legislation to file a motion for the suit to be dismissed. If the suit is dismissed, it couldnt be brought again. Legislators should ask themselves where that would leave the residents of South Louisiana. Alone to fend off the sea, it seems. They shouldnt allow that. Senate Bill 469 should be defeated. PROTECT YOUR RIGHTS! EMAIL THE Undecided TODAY. Email Abramson, Neil C. 98 New Orleans (504)275-8051 [email protected] Adams, Bryan 85 Gretna (504)361-6013 [email protected] Anders, Andy 21 Vidalia (318)336-5865 [email protected] Arnold, Jeff 102 New Orleans (504)361-6600 [email protected] Billiot, Robert E. 83 Westwego (504)436-8929 [email protected] Brown, Terry 22 Colfax (855)261-6566 [email protected] Burns, Henry 9 Haughton (318)949-2463 [email protected] Burns, Timothy 89 Mandeville (985)624-4492 [email protected] Chaney, Charles R. 19 Rayville (318)728-5875 [email protected] Danahay, Michael E. 33 Sulpher (337)527-5581 [email protected] Fannin, James R. 13 Jonesboro (318)259-6620 [email protected] Geyman, Brett 35 Lake Charles (337)-491-2315 [email protected] Greene, Hunter 66 Baton Rouge (225)362-5900 [email protected] Guinn, John E. 37 Jennings (337)824-0376 [email protected] Hazel, Lowell C. Chris 27 Pineville (318)767-6082 [email protected] Henry, Cameron 82 Metairie (504)838-5433 [email protected] Hensgens, Bob 47 Abbeville (337)893-5035 [email protected] Hollis, Paul 104 Covington (985)871-4680 [email protected] Honore, Dalton 63 Baton Rouge (225)771-5674 [email protected] Howard, Frank A. 24 Many (318)256-4135 [email protected] Jefferson, Patrick 11 Homer (318)927-2519 [email protected] Miller, Gregory A. 56 Norco (985)764-9991 [email protected] Morris, Jay 14 Monroe (318)362-4277 [email protected] Pearson, Kevin 76 Slidell (985)646-6487 [email protected] Pope, J. Rogers 71 Denham Springs (225)667-3588 [email protected] Pylant, Steven 20 Winnsboro (318)435-7313 [email protected] Schroder, John M. 77 Covington (985)893-6262 [email protected] Simon, Scott 74 Abita Springs (985)893-6246 [email protected] Stokes, Julie 79 Kenner (504)468-8603 [email protected] Thibaut, Major 18 New Roads (225)638-3811 [email protected] Williams, Alfred 61 Baton Rouge (225)382-3243 [email protected] Williams, Patrick 4 Shreveport (318)676-5990 [email protected] Willmott, Thomas P. 92 Kenner (504)465-3479 [email protected] nola/opinions/index.ssf/2014/05/louisiana_house_should_kill_bi.html
Posted on: Thu, 29 May 2014 17:25:51 +0000
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