Rise St. James, Louisiana Bucket Brigade, Sierra Club, Center for Biological Diversity, Healthy Gulf, Earthworks, and No Waste Louisiana v. Louisiana Department of Environmental Quality

STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

RISE ST. JAMES, LOUISIANA BUCKET NO. 2021 CW 0032

BRIGADE, SIERRA CLUB, CENTER FOR
CONSOLIDATED WITH
BIOLOGICAL DIVERSITY, HEALTHY GULF,

EARTH WORKS, AND NO WASTE LOUISIANA
NO. 2021 CW 0037

VERSUS

LOUISIANA DEPARTMENT OF MARCH 15, 2021
ENVIRONMENTAL QUALITY

Intervenor FG LA, LL C and Louisiana Department of
In Re:

Environmental Quality, applying for supervisory writs,
Judicial District Court, Parish of East Baton
19th
Rouge, No. 694029.

BEFORE: Mr DONALD,
- HOLDRIDGE, AND PENZATO, JJ.

WRIT GRANTED. The district court remanded this matter to the
Louisiana Department of Environmental Quality (" DEQ") prior to its
LA, LLC. Without
receipt of any merits briefing from DEQ or FG
benefit of merits briefing from all parties, the import of any
updated EJSCREEN data is unclear. Moreover, in her ' Motion for

Judicial Notice of Adjudicative Facts and to Admit Proof of

Procedural Irregularities," Intervenor Beverly Alexander only
requested the district court consider the updated EJSCREEN data in
the of the judicial
connection with its consideration of merits

review action. Intervenor Alexander did not request that the

district court remand the matter to DEQ to consider the additional
that the original public notice and
evidence, nor did she assert

public comment period was insufficient. As such, we conclude that

the district court abused its discretion in remanding this matter

to DEQ. Notwithstanding the foregoing, La. R. S. 30: 2050. 21( E)
allows the district court to remand the matter to DEQ to consider

additional evidence when certain conditions are met. On remand,

its findings and decision by reason of the
DEQ " may modify
additional information and shall file that information and any
modification, new findings, or decisions with the reviewing court."
In remanding here, we further note that the district court exceeded
the set forth by the legislature because, in
statutory authority
addition to instructing DEQ to consider the additional evidence,

the district court also ordered DEQ to provide " a more thorough

justice notice and receive
environmental analysis," " publicly
public comment on pollution and health risks from the people of

Louisiana in its reconsideration of the environmental justice

analysis," and " evaluate the facts and data received in the public
comments from the people of Louisiana in its reconsideration of the
environmental justice analysis." Accordingly, we grant the writ

application and reverse the district court' s December 14, 2020
judgment this matter to DEQ. We remand this matter to
remanding
the district court for further proceedings.

JMM

GH
AHP

COURT OF APPEAL, FIRST CIRCUIT

DEPUTY CL RK OF COURT
FOR THE COURT