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Rise St. James v. Louisiana Department of Environmental Quality

Filing Date: 2020
Case Categories:
  • Federal Statutory Claims
    • Clean Air Act
      • Environmentalist Lawsuits
Principal Laws:
Clean Air Act (CAA), Louisiana Constitution, Louisiana Environmental Quality Act
Description: Challenge to air permits for construction and operation of a new chemical manufacturing facility.
  • Rise St. James v. Louisiana Department of Environmental Quality
    Docket number(s): 2021 CW 0032, 2021 CW 0037
    Court/Admin Entity: La. Ct. App.
    Case Documents:
    Filing Date Type File Action Taken Summary
    03/05/2021 Order Download Appellate court reversed district court' s December 14, 2020 judgment remanding this matter to DEQ. Louisiana Appellate Court Reversed Remand of Chemical Plant Air Permits to Agency. The Louisiana Court of Appeal concluded that a district court abused its discretion by remanding to the Louisiana Department of Environmental Quality (DEQ) a lawsuit challenging air permits for a chemical complex. The appellate court cited the timing of the remand, which occurred before any merits briefing, and also found that the court exceeded statutory authority that authorizes remand so that the agency may consider additional evidence. In this case, the appellate court said the court remanded not only for consideration of additional evidence (updated EJSCREEN data) but also ordered DEQ to undertake more thorough environmental justice analysis and open a public comment period to accept comment pollution and health risks. The plaintiffs’ allegations in the lawsuit include that given Louisiana’s vulnerability to climate change impacts, DEQ failed to fulfill its obligations as a public trustee by not considering the environmental effects of the project’s contribution to greenhouse gas emissions, or the adverse costs of greenhouse gas emissions.
  • Rise St. James v. Louisiana Department of Environmental Quality
    Docket number(s): 694029
    Court/Admin Entity: La. Dist. Ct.
    Case Documents:
    Filing Date Type File Action Taken Summary
    11/05/2020 Brief Download Brief filed by petitioners.
    02/14/2020 Petition Download Petition for judicial review filed.

© 2022 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.