Louisiana Revised Statutes 30:2481 – Defenses
Terms Used In Louisiana Revised Statutes 30:2481
- Discharge: means the placing, releasing, spilling, percolating, draining, pumping, leaking, seeping, emitting, or other escaping of pollutants into the air, waters, subsurface water, or ground as the result of a prior act or omission; or the placing of pollutants into pits, drums, barrels, or similar containers under conditions and circumstances that leaking, seeping, draining, or escaping of the pollutants can be reasonably anticipated. See Louisiana Revised Statutes 30:2004
- Person: means any individual, municipality, public or private corporation, partnership, firm, the United States Government, and any agent or subdivision thereof or any other juridical person, which shall include, but not be limited to, trusts, joint stock companies, associations, the state of Louisiana, political subdivisions of the state of Louisiana, commissions, and interstate bodies. See Louisiana Revised Statutes 30:2004
A person shall not be liable under the provisions of this Chapter if the discharge resulted solely from any of the following:
(1) An act of God, war, or terrorism.
(2) An act of government, either state, federal, or local.
(3) An unforeseeable occurrence exclusively occasioned by the violence of nature without the interference of any human act or omission.
(4) The willful misconduct or a negligent act or omission of a third party, other than an employee or agent of the person responsible or a third party whose conduct occurs in connection with a contractual relationship with the responsible person, unless the responsible person failed to exercise due care and take precautions against foreseeable conduct of the third party.
(5) Any combinations of Paragraphs (1), (2), and (3).
Acts 1991, 1st Ex. Sess., No. 7, §1, eff. April 23, 1991.