• Skip to content
  • Skip to primary sidebar

liskow_lewis_white_new

future-focused

  • Team
  • Practices
  • Insights
  • Perspectives
Blogs

First Parish Coastal Zone Lawsuit to Proceed to Decision Falls for Failure to Exhaust Administrative Remedies

08.09.16 | 2 minute read

The first of 40 coastal permitting lawsuits to proceed to disposition has been dismissed for failure to exhaust administrative remedies.

In a ruling released today, Judge Enright of the 24th JDC for Jefferson Parish dismissed The Parish of Jefferson v. Atlantic Richfield Company, finding that the statutory scheme at issue provided administrative channels to investigate and resolve alleged permit violations, and thus those remedies must be exhausted before the plaintiffs could pursue civil damages through the courts.

______________________________________________

Beginning in November 2013 and as recently as two weeks ago, the parishes of Jefferson, Plaquemines, Cameron, and Vermilion filed a combined 40 lawsuits alleging that oil and gas companies’ coastal operations violated the State and Local Coastal Resources Management Act of 1978 (“SLCRMA”), by either failing to obtain coastal use permits for certain operations, or by violating the terms of coastal use permits.

Atlantic Richfield was the first case to result in a substantive decision in state court.  Defendants argued a suite of exceptions in February, the disposition of which was delayed by the separate interventions of the State’s Attorney General and the Louisiana Department of Natural Resources – Office of Coastal Management within the Governor’s Office.  The State entities adopted Jefferson Parish’s briefing, and all exceptions were submitted for decision after a July 20th hearing.

The decision released today notes that an administrative procedure for addressing permit violations is set forth in SLCRMA and associated provisions of the Louisiana Administrative Code, specifically La. Admin. Code tit. 43, pt. I sec. 723(D)(1-4). These provisions allow a permitting body to investigate coastal activities, to suspend a permit upon finding that it was violated, and after giving the permittee an opportunity to respond, to reinstate, modify, or revoke the permit. If the permittee fails to comply, then the permitting body can then seek civil or criminal relief in court.

The court noted that there was “no showing that Plaintiff and Intervenors made any attempt to comply with the enforcement regime.”  Because Defendants met their burden of showing that an administrative remedy was available, the burden shifted to Plaintiffs to show that an administrative remedy was irreparably inadequate. The Court was unpersuaded by Plaintiffs’ argument that the administrative process was inadequate because it did not provide for an award of civil damages, noting that “in the absence of an exhaustion of administrative remedies, it is yet to be determined whether civil damages exist.”  The administrative process is thus necessary to determine the existence of alleged violations.  In the court’s view, only after it is established that violations exist which could give rise to damages can Plaintiffs pursue litigation.

Disclaimer: This Blog/Web Site is made available by the law firm of Liskow & Lewis, APLC (“Liskow & Lewis”) and the individual Liskow & Lewis lawyers posting to this site for educational purposes and to give you general information and a general understanding of the law only, not to provide specific legal advice as to an identified problem or issue.  By using this blog site you understand and acknowledge that there is no attorney client relationship formed between you and Liskow & Lewis and/or the individual Liskow & Lewis lawyers posting to this site by virtue of your using this site.  The Blog/Web Site should not be used as a substitute for legal advice from a licensed professional attorney in your state regarding a particular matter.

Primary Sidebar

Related Team

  • Media item displaying: Kelly Brechtel Becker

    Kelly Brechtel Becker

    Shareholder

    New Orleans
    504.556.4067504.556.4067
    995
  • Media item displaying: Laura Springer Brown

    Laura Springer Brown

    Shareholder

    New Orleans
    504.556.4021504.556.4021
    995
Liskow & Lewis, APLC
Arrow Icon

future-focused

  • Baton Rouge
  • Houston
  • Lafayette
  • New Orleans
  • New York City
  • © 2026 Liskow & Lewis, APLC
  • Sitemap
  • Disclaimer
  • Employee Login
Site by
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT
  • Team
  • Practices
  • Insights
  • Perspectives
  • Offices
  • Pro Bono
  • About Us
  • Careers
  • DEI
  • The Energy Law Blog
  • Gulf Coast Business Law Blog
  • The Maritime Law Blog