Contested Environmental Permits
Kean Miller LLP has extensive experience in the defense of lawsuits and comments filed by citizens’ groups, and environmental action organizations such as the Louisiana Environmental Action Network, the Mossville Environmental Action Network, and the Tulane Law Clinic.
- Successfully assisted and supported the Louisiana Department of Environmental Quality in LDEQ's defense of the Louisiana Pollutant Discharge Elimination System (LPDES) General Permit No. LAG260000 for Oil and Gas Exploration, Development, and Production Facilities Within the Territorial Seas of Louisiana. In November 2009, the Louisiana Environmental Action Network filed a suit for judicial review in the 19th Judicial District Court asking that the General Permit be overturned. LEAN also sought a stay of the permit. Kean Miller LLP intervened in the lawsuit on behalf of the Louisiana Mid-Continent Oil and Gas Association and assisted LDEQ in defending against the permit being stayed. The Kean Miller LLP team also supported LDEQ in its defense of the issuance of the General Permit. On May 17, 2010, the permit was upheld by the state district court.
- Successfully defended the issuance of a Clean Water Act Dredge & Fill Permit by the U.S. Army Corps of Engineers to the Port of Iberia for dredging the Acadiana Navigation Channel in Vermillion Bay in a lawsuit filed by the Sierra Club. The permit was upheld by the federal district court for the Western District of Louisiana and subsequently, by the U.S. Fifth Circuit on appeal.
- Successfully obtained air and water permits for a client for the manufacture of activated carbon in Red River Parish in 2008 and 2009, over objections by third parties.
- Successfully obtained air permit for a co-generation project near Ruston, Louisiana, over objections and legal challenge by third parties. Kean Miller LLP attorneys provided legal assistance with environmental regulatory as well as for other non-environmental permits, including counsel on energy regulatory issues.
- Successfully obtained air and water permits for a co-generation project in Ascension Parish, Louisiana. Kean Miller LLP attorneys provided legal assistance with environmental regulatory as well as for other non-environmental permits, including counsel on energy regulatory issues.
- Successfully obtained permit revisions for air and water permits to allow a client to recycle hazardous waste.
- Successfully obtained air permits for an expansion of a major Louisiana paper mill. This matter involved significant opposition from the North Baton Rouge Environmental Association and the Louisiana Environmental Action Network both of whom were represented by the Tulane Environmental Law Clinic. After issuance of the permit, the permit was challenged in the 19th Judicial District Court. The permit was upheld by the district court after a hearing and rehearing. Kean Miller LLP provided legal assistance in acquiring the permits and defending the litigation.
- Successfully obtained air permit and water permit modification for a global chemical company for the addition of new Polyolefins production unit to existing facility in Baton Rouge, Louisiana. The permits were heavily opposed by the North Baton Rouge Environmental Association and LEAN. The permits were subsequently upheld by the 19th Judicial District Court, the Louisiana First Circuit Court of Appeals and the Louisiana Supreme Court. Kean Miller LLP provided legal services for environmental issues, including defense of the permit decisions.
- Representation of clients on wetlands issues including a chemical company (wetland classification and remediation/marsh creation project); a fertilizer producer (expansion of gypsum stacking area); and numerous pipeline companies.
- Representation of numerous facilities with respect to air permit and water permit issuance, many of which involved public opposition and/or permit challenges.
- Representation of numerous facilities with respect to hazardous waste (RCRA/HSWA) permit issuance.