Public Health Emergency Event/COVID-19: Louisiana Department of Environmental Quality Amended Declaration of Emergency/Administrative Order

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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Secretary Dr. Chuck Carr Brown of the Louisiana Department of Environmental Quality (“LDEQ”) issued a March 20th Amended Declaration of Emergency Administrative Order (“Order”). See In the Matter of Public Health Emergency Event Name: COVID-19 – Agency Interest No. 221899.

The Order was issued addressing issues related to the environmental regulations and statutes that LDEQ administers that have been affected by the COVID-19 virus.

The Order in its “Findings and Declaration” references:

  • The Public Health Emergency in the State of Louisiana related to COVID-19
  • The Louisiana Governor’s proclamation of a statewide public health emergency exists in the State
  • Recognition that the Order applies statewide (i.e., the Emergency Area)
  • COVID-19 has created or will create conditions requiring immediate action to prevent serious threats to life or safety

The Order addresses the following:

  • Public Notice and Public Participation Procedures Regarding Proposed Permit Actions (postponing scheduled public hearings and adjustment of public comment periods)
  • Records Management (noting availability of documents)
  • General Conditions (referencing relief is only provided for the duration of the Order and is limited to LDEQ regulatory proprietary requirements)
  • General Limitations (only addresses issues related to COVID-19)
  • Electronic Submittals to the Department for Permitting (referencing how submittals are provided to LDEQ)
  • Other Authorizations Required (clarifying the Order does not address any other federal, state, or local permits)
  • Extension of Time to Comply with Specified Deadlines (certain extensions are provided)
  • Completion of Authorized Activities (noting activities authorized under the Order must be commenced before the expiration of the Order unless otherwise provided in an authorization or permit)

A copy of the Order can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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