Louisiana Code of Civil Procedure 1552 – Environmental management orders
Terms Used In Louisiana Code of Civil Procedure 1552
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
NOTE: Art. 1552(intro. para.) eff. until Jan. 10, 2024. See Acts 2023, No. 150.
Upon the request of any party in any civil action alleging environmental damage pursuant to La. Rev. Stat. 30:29, or the Department of Natural Resources, office of conservation, the court shall direct the attorneys for the parties to appear before the court to develop an environmental management order. The environmental management order shall authorize all parties to access the property allegedly impacted to perform inspections and environmental testing. The order shall require that all test results be submitted to all parties and the Department of Natural Resources, office of conservation, within thirty days of receipt thereof. Failure by a party to provide the results of testing to the other parties shall preclude that party from admitting those results into evidence in the civil action. The environmental management order shall include reasonable terms for all of the following:
NOTE: Art. 1552(intro. para.) as amended by Acts 2023, No. 150, eff. Jan. 10, 2024.
Upon the request of any party in any civil action alleging environmental damage pursuant to La. Rev. Stat. 30:29, or the Department of Energy and Natural Resources, office of conservation, the court shall direct the attorneys for the parties to appear before the court to develop an environmental management order. The environmental management order shall authorize all parties to access the property allegedly impacted to perform inspections and environmental testing. The order shall require that all test results be submitted to all parties and the Department of Energy and Natural Resources, office of conservation, within thirty days of receipt thereof. Failure by a party to provide the results of testing to the other parties shall preclude that party from admitting those results into evidence in the civil action. The environmental management order shall include reasonable terms for all of the following:
(1) Access to the property.
(2) Investigation and environmental testing.
(3) Sampling and testing protocols.
(4) Specific time frames within which to conduct such testing and sampling.
Acts 2012, No. 754, §1; Acts 2023, No. 150, §23, eff. Jan. 10, 2024.