Home / Features / Columns/Opinions / ADLEY BILLS
Monday, March 31, 2014

ADLEY BILLS

Senator, governor show allegiance to companies

It’s been a couple of years since I last shared the yearly lament of a friend on the opening of the state legislature … that our lawmakers might repeal the state Constitution leaving us some new form of legislative torture.

This year, his concerns might have a little more validity given a four-some of bills filed by Sen. Robert Adley, R-Benton.

A little background, first.

As most will recall, following Hurricane Katrina there was a major call for revising the way south Louisiana levee authorities (board members) are appointed to create more independent, professional and responsive boards – and reducing ineffective political appointments to the boards.

In July 2013, one of those revamped boards, the Southeast Louisiana Flood Protection Authority- East (Authority), filed suit in Orleans Civil District Court against 97 oil, gas and pipeline companies alleging that they have caused significant damage to the states coast and coastal wetlands.

Moreover, and in keeping with state Attorney General Buddy Caldwell’s decision, the Authority engaged outside counsel, on a contingency fee basis, to handle the lawsuit.

Interestingly, while state law generally prohibits the hire of outside counsel and contingency fee arrangements for state boards or commissions, apparently that same prohibition isn’t included in the laws remaking the flood authorities.

And the fur flew. It started with Gov. Bobby Jindal’s office. On learning of the lawsuit, he was quick to note that the authority suit wasn’t authorized. He’s also held up the replacement of vacant seats, nixing all those recommended.

Enter Adley and his bills: Senate Bill 79 would give the governor near carte blanche on filling vacant seats on both the Southeast Louisiana Flood Protection Authority – East, and the Southeast Louisiana Flood Protection Authority – West boards, all but eliminating the reforms made following Hurricane Katrina.

Senate Bill 467 amends current law (R.S. 30:29(C)) to provide if a lawsuit has been filed and a “party admits liability for environmental damage and a plan has been submitted to the department, the court shall not proceed to a trial on the merits until the department has filed with the court the approved feasible plan for evaluation or remediation.” Legislative adoption of this bill would effectively and retroactively end the lawsuit.

Senate Bill 469 would amend state law concerning who or which state entities can bring an action for damages to a court in similar circumstances – greatly reducing the ability of a number of governmental bodies to seek redress for damages caused.

Finally, Senate Bill 546 would preempt certain actions by local governments or political subdivisions of the state, such as levee authorities, from filing suits or claims to recover damages or property or “seek injunctive relief arising from the lawful activities of an oil or gas permittee of the state … The authority to bring such claims shall be reserved exclusively to the state.” What an amazing pass for a single industry.

Adley is an unapologetic supporter of the gas and oil business; for nearly two decades he owned Pelican Gas Management – a company that supplied/distributed gas to municipal governments. But he’s also been a formidable advocate of open government, often sponsoring bills aimed at opening up Jindal’s non-transparent governor’s office.

We could use some of that transparency now.

No one in Louisiana can doubt the major contribution of the oil and gas industry to our economy. At the same time if there’s environmental damage done, it should be remediated. We cannot afford the alternative when it comes to hurricane protection provided by healthy coastal areas.

But for Jindal and Adley to close any avenue of those boards (people) responsible for such protection to recover for damages is just plain irresponsible. In fact, their allegiance to this particular segment of our economy – over the people their sworn to serve is a sad commentary on their opinion of who counts in Louisiana.

As noted often and ever so articulately by Public Service Commissioner and former state Sen. Foster Campbell – the oil and gas industry’s infrastructure investment in Louisiana is so great that said industry isn’t likely to be moving out anytime soon.

Finally, while legal representation contingency fees are not assured (the lawyer who loses the case doesn’t get paid for his work), Adley may have a point on this piece of proposed legislation. However, his other three bills do not serve the interest of state residents and deserve to die quiet deaths in committee hearings.

ON STANDS NOW!

The Forum News