The Louisiana Industrial Insights Hub

On May 9, 2025, the Trump Administration published an executive order (“EO”), titled “Fighting Overcriminalization in Federal Regulations,” that targets criminal regulatory offenses subject to strict liability, or liability that attaches without a required criminal mindset. The EO states that strict liability offenses are “generally disfavored,” and encourages agencies to consider civil or administrative, rather than criminal, enforcement of strict liability offenses. The EO further explains that prosecution of criminal regulatory offenses is “most appropriate” when “a putative defendant is alleged to have known his conduct was unlawful.”

Read the full update on The Energy Law Blog here.

Louisiana has a new renewable energy law on the books, Act No. 279, set to take effect on August 1, 2025. It provides for the regulation of solar facilities, renewable energy batteries, and onshore wind projects, all under the permitting authority of the Louisiana Department of Energy and Natural Resources (LDENR). The solar facility piece of the legislation comes in response to several parishes grappling with recent divisions over large-scale solar project proposals. Act No. 279 is notable in that it grants the state permitting authority and mandates solar project siting requirements, yet it carves out an exception whereby parish governments may elect to impose their own, potentially more restrictive, siting requirements.

Read the full update on The Energy Law Blog here.

On May 29, 2025, the U.S. Supreme Court reversed the U.S. Court of Appeals for the D.C. Circuit’s decision that vacated the Surface Transportation Board’s (“the Board”) environmental impact statement (“EIS”) and approval of an 88-mile rail line to bring crude oil from Utah to the Gulf Coast. Seven County Infrastructure Coalition v. Eagle County, Colorado, No. 23-975 (2025).

Read the full update on The Energy Law Blog here.

On May 21, 2025, the United States Court of Appeals for the Fifth Circuit dismissed environmental groups’ suit challenging EPA’s decision to grant Louisiana’s Class VI Primacy request, holding that each of the groups failed to establish standing to sue. Deep South Center for Environmental Justice v. EPA, No. 24-60084 (5th Cir. 2025).

Read the full update on The Energy Law Blog here.

On May 22, 2025, several environmental groups, RISE St. James, Micah Six Eight Mission, The Descendants Project, The Concerned Citizens of St. John Inc., Claiborne Avenue Alliance Design Studio, Inc., and JOIN for Clean Air, have sued Louisiana public officials charged with enforcing the State’s Community Air Monitoring Reliability Act (“CAMRA” or “the Act”) in the U.S. District Court for the Middle District of Louisiana, alleging that the CAMRA violates their constitutional rights and is preempted by the Clean Air Act (“CAA”). RISE St. James Louisiana v. Burdette, (M.D. La. May 22, 2025). 

Read the full update on The Energy Law Blog here.

Environmental and science advocacy groups ¹ have sued EPA and other agencies in the U.S. District Court for the District of Columbia for removing without notice “vitally important webpages” that served as sources of information about environmental justice and climate change.

Read the full update on The Energy Law Blog here.

On April 8, 2025, President Trump issued an Executive Order (EO), “Protecting American Energy From State Overreach,” aimed at “unleashing American energy” by directing the U.S. Attorney General (AG) to identify state laws and policies that burden the development of domestic energy resources and “are or may be unconstitutional, preempted by Federal law, or otherwise unenforceable.”

Read the full update on The Energy Law Blog here.

On April 9, 2025, the United States Court of Appeals for the Fifth Circuit held that faith- and community-based groups¹ (the “Groups”) representing certain residents of St. James Parish, Louisiana, may continue with their suit seeking a moratorium on the construction and expansion of industrial facilities in the Parish. See Inclusive Louisiana v. St. James Parish, No. 23-30908 (5th Cir. 2025).

Read the full update on The Energy Law Blog here.

On April 3, 2025, the Louisiana Department of Revenue published Revenue Information Bulletin No. 25-013 clarifying the proper sales and use tax treatment for rentals of cranes and other equipment with operators. Under Act 11 of the Third Extraordinary Session of 2024, the Louisiana Legislature repealed the statutory sales and use tax exclusion for the lease or rental of cranes and related equipment with operators. However, R.I.B. No. 25-013 makes clear that this repeal does not mean that all leases of cranes and other related equipment are taxable. The lease or rental of a crane and related equipment with an operator will  be treated the same as other rentals of tangible personal property with operators for sales and use tax purposes.

Read the full update on the Gulf Coast Business Law Blog here.

On April 3, 2025, the Louisiana Department of Energy and Natural Resources (LDENR), Office of Conservation, issued a Draft Permit prepared by the Injection and Mining Division for Hackberry Carbon Sequestration, LLC (HCS) to drill, construct, and operate a Class VI injection well for geologic sequestration of carbon dioxide in Cameron Parish, Louisiana (See ORDER NO. IMD 2025-04 GS). The draft permit is the first issued by LDENR since the agency was granted primacy over the Class VI permitting program.

Read the full update on The Energy Law Blog here.

On March 12, 2025, EPA Administrator Zeldin announced that the agency, as one of its 31 historic deregulatory actions to advance President Trump’s Day One executive orders and EPA’s “Powering the Great American Comeback,” will reconsider the previous administration’s rule tightening the Particulate Matter National Ambient Air Quality Standards (PM2.5 NAAQS). The PM2.5 NAAQS rule has raised implementation concerns from various states across the country, including Louisiana, and has been the subject of litigation in the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit).

Read the full update on The Energy Law Blog.

On Tuesday, the Louisiana Supreme Court rejected an attempt to block a constitutional amendment needed to complete the restructuring of the state’s tax laws sought by Gov. Jeff Landry and the Louisiana Legislature. The Court allowed to move forward a statewide vote on a package of changes to the state’s tax laws by dismissing a case challenging how the reforms were presented to voters.

Among other substantive changes, the amendment would move some property tax exemptions and provisions out of the constitution to state law, making it easier for lawmakers to change them without returning to voters for approval. It also would toughen the requirements for legislative passage of a new property tax break and change the rules governing property tax charges on a business’ inventory.  Any change to a property tax exemption in state law would require support from two-thirds of the House and Senate.

Language setting up the Industrial Tax Exemption Program would be removed from the constitution – the program would be established in a corresponding law instead.

Additionally, the amendment aims to lessen a parish’s charging of property taxes on business inventory. It would offer parishes a one-time payment if they choose to irrevocably exempt businesses from property taxes on their inventory. The payment would come from the remaining balance of the Revenue Stabilization Trust Fund.

Under a corresponding bill that takes effect if the amendment is approved, the state would offer parishes a one-time payment up to $15 million if the sheriff, school board and parish governing authority decide to stop charging the inventory tax by July 2026. If a parish chooses to phase out the inventory tax over five years, the state would offer parishes a one time payment up to $10 million.

The payment would seek to replace three years of average inventory tax collections. Parishes that choose to keep the inventory tax could allow a partial exemption of the inventory tax to businesses by reducing the assessed value of the property. However, the Legislature would be prohibited from enacting any law that requires parishes to exempt business inventory from property taxes.

Read the full update on the Gulf Coast Business Law Blog.

On March 12, 2025, EPA Administrator Zeldin announced that the agency will undertake 31 deregulatory actions to advance President Trump’s Day One executive orders and EPA’s “Powering the Great American Comeback.”

See the full update and list of actions on The Energy Law Blog here.

On March 12, 2025, EPA and the Army Corps of Engineers issued a joint memorandum providing guidance to field staff on implementing the definition of “waters of the United States” (WOTUS) as it pertains to “adjacent wetlands.”¹ The memorandum represents a new iteration of the decades-old debate on the extent of Clean Water Act (CWA) authority over wetlands adjacent to jurisdictional navigable WOTUS. The previous iteration took place under the Biden Administration after the Supreme Court announced a two-part test in Sackett v. EPA. There, the Supreme Court held that CWA authority over WOTUS extends only to wetlands when: (1) the adjacent body of water is a “relatively permanent body of water connected to traditional interstate navigable waters” and (2) the wetland has “a continuous surface connection with that water, making it difficult to determine where the water ends and the wetland begins.” The new guidance narrows the scope of WOTUS by clarifying the current administration’s interpretation of when a wetland has a “continuous surface connection.”

Read the full update on The Energy Law Blog here.

On February 6, 2025, the Trump Administration announced the appointment of Scott Mason IV as regional EPA Administrator for Region 6. Headquartered in Dallas, Texas, Region 6 covers Arkansas, Louisiana, New Mexico, Oklahoma, Texas, and 66 Tribal Nations.

Read the full update on The Energy Law Blog here.

On January 20, 2025, President Trump issued the “Unleashing American Energy” Executive Order (“EO”) with the stated purpose of ensuring an abundant supply of affordable and reliable energy in the United States. The EO orders several agency actions aimed at eliminating undue burden on domestic energy development, including specific actions related to the implementation of the National Environmental Protection Act (“NEPA”).

Read the full update on The Energy Law Blog here.

On January 29, 2025, the Senate voted to confirm former New York Rep. Lee Zeldin as EPA Administrator. Zeldin is a 44-year-old attorney who represented New York’s 1st Congressional District from 2015-2023. During his congressional tenure, Zeldin was known for his experience in international affairs, and his nomination for EPA Administrator was unexpected due to his limited experience with environmental policy issues.

Read the full update on The Energy Law Blog here.

On December 10, 2024, President-elect Donald Trump promised expedited permitting for energy and other construction projects worth more than $1 billion. While there have been no details of how this would practically look, it reflects the incoming administration’s focus on promoting industrial growth. This may make permitting on the federal level a quicker and easier process for industrial projects.

Read the full update on The Energy Law Blog here.

Liskow’s extensive legal experience with industrial projects in Louisiana positions the firm as a trusted advisor for national and regional property owners, investors, lenders, and developers. We provide comprehensive legal services tailored to the unique needs of project development, ensuring compliance with Louisiana’s regulatory and public record requirements. With unparalleled experience in real estate, environmental law, and regulatory compliance, Liskow’s proven experience and strategic approach make a pivotal difference in the success of projects across Louisiana.

Liskow works with clients in a systematic manner to handle project development, incentives, taxes, environmental/energy regulation and permitting, real estate, due diligence and acquisition, government relations, construction management, and labor and employment on an integrated basis.

Neil Abramson | State Economic Incentives and Lobbying

John Almy | Construction

Bob Angelico | State and Local Tax

Clare Bienvenu | Energy and Environmental Regulatory

Lou Buatt | Energy and Environmental Regulatory, State Economic Incentives

Kathleen Doody | Real Estate, Financing and Security Rights

J.P. Hebert | Utility Regulations

Shannon Holtzman | Construction

Greg Johnson | Energy and Environmental Regulatory

Paul Kitziger | Real Estate, Utility Regulations, Zoning and Land Use, Construction, Mineral Rights

Caroline Lafourcade | State and Local Tax

Tommy McGoey | Labor and Employment

Devin Reid | Toxic Tort

Leon Rittenberg | Corporate

Matt Simone | Pipelines

Sean Toomey | White Collar Criminal Defense

Tyler Trew | Construction

Emily von Qualen | Energy and Environmental Regulatory