Rise St. James v. Louisiana Department of Environmental Quality

The Louisiana Court of Appeal concluded that a district court abused its discretion by remanding to the Louisiana Department of Environmental Quality (DEQ) a lawsuit challenging air permits for a chemical complex. The appellate court cited the timing of the remand, which occurred before any merits briefing, and also found that the court exceeded statutory authority that authorizes remand so that the agency may consider additional evidence. In this case, the appellate court said the court remanded not only for consideration of additional evidence (updated EJSCREEN data) but also ordered DEQ to undertake more thorough environmental justice analysis and open a public comment period to accept comment pollution and health risks. The plaintiffs’ allegations in the lawsuit include that given Louisiana’s vulnerability to climate change impacts, DEQ failed to fulfill its obligations as a public trustee by not considering the environmental effects of the project’s contribution to greenhouse gas emissions, or the adverse costs of greenhouse gas emissions.