LDEQ Issues COVID-19 Declaration of Emergency and Administrative Order

The Louisiana Department of Environmental Quality (LDEQ) issued a Declaration of Emergency and Administrative Order on March 19, 2020, and its amendment on March 20, 2020, alleviating certain regulatory requirements and deadlines. This Declaration and Order are important for all facilities coming up on a deadline for monitoring activities and for projects going through the permitting process requiring public hearings. The Declaration and Order expire at midnight on the 30th day after March 20, 2020.

The main takeaways of the Administrative Order portion are as follows:

The Order also provides that the activities authorized must be commenced before expiration of the Order, unless an authorization or permit condition provides otherwise. In addition, the commencement deadlines in the Order may be extended upon demonstration of the unavailability of contractors or supplies or that additional time is needed for approval from FEMA, the US Army Corps of Engineers, or other local, state, or federal agencies.

This Order follows the Declaration of Emergency by Governor John Bel Edwards on March 11, 2020, and in particular Proclamation Number JBE 2020-30, which suspended all legal deadlines, including liberative prescription and preemptive periods and all other deadlines in legal proceedings in all courts and administrative agencies until April 13, 2020.


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National Law Review, Volumess X, Number 85