Expanded Landfill Buffer
On March 16, 2017, Louisiana’s 19th Judicial District Court entered a Consent Judgment resolving a clinic lawsuit over the Industrial Pipe landfill, on the border of the historic, African-American community of Oakville in Plaquemines Parish. It requires expansion of the buffer between the landfill and the community from 50 feet to 300 feet, a six-fold increase. It also prohibits storage of waste and cover material in the buffer area. Student-attorneys have represented this community on this landfill for decades; the Judgment provides it final relief.
Abuse of the U.S. Army Corps of Engineers General Permit for Wetlands Development
On January 30, 2017, the Clinic settled a federal lawsuit against a Corps New Orleans general permit (NOD-13) for wetlands destruction associated with construction of oilfield roads, drilling locations, pits, ring levees, and related facilities. A “general permit” allows the Corps to approve projects without public notice, an opportunity for public comment, and a project-specific assessment. In exchange for the dismissal, without prejudice, the Corps revoked NOD-13 for use in the Atchafalaya Basin, the nation’s largest river swamp and central to Louisiana’s Cajun culture. Further, NOD-13 is not available for use elsewhere pending reevaluation by the Corps. Clinic clients were the Atchafalaya Basinkeeper, the Louisiana Crawfish Producers Association – West and the Gulf Restoration Network.
Favorable Appellate Court Decision on Red Snapper Management
On January 17, 2017, the U.S. Court of Appeals for the Fifth Circuit affirmed approval of Amendment 40 to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico. The Amendment enhances protection of the overfished red snapper and promotes an equitable division of the quota for the recreational sector of the fishery between federally permitted charter boats and private anglers. Clinic students represented the Charter Fisherman's Association.
Reformed Methanol Plant Air Permit
On August 31, 2016, EPA granted the lion’s share of a petition that TELC submitted on behalf of Sierra Club and the Louisiana Environmental Action Network, objecting to a Clean Air permit for proposed methanol plant in St. James, Louisiana. The state had granted the permit without requiring state-of-the-art technology to limit release of volatile organic chemicals, greenhouse gases, and other chemicals. EPA agreed with petition that permit limits were not adequate to keep emissions below required thresholds because key requirements were not enforceable, and did not cover other emissions at all.
