Christian Ministers Missionary Baptist Ass'n of Plaquemines Parish v. Louisiana Department of Environmental Quality

Summary

The document concerns a challenge to the Louisiana Department of Environmental Quality's expedited approval of a minor-source air permit for a coal terminal. Chief Justice Johnson would remand for a hearing on whether the plaintiffs had good cause for failing to timely seek judicial review, reasoning that approval without public comment could undermine affected parties' right to appeal under Louisiana's Environmental Quality Act.

Holdings

1. In Chief Justice Johnson's view, the case should be remanded to the district court for a hearing on whether the plaintiffs could show good cause under La. R.S. 30:2014.3 for failing to file within thirty days of the notice sent to the permit applicant.
2. Chief Justice Johnson would conclude that allowing LDEQ to approve a permit without public comment and then deny affected parties judicial review is inconsistent with the purpose of the Environmental Quality Act.

Questions Presented

1. Whether plaintiffs who did not receive notice of a minor-source air-permit approval because they had not submitted public comments should be permitted to establish good cause for filing a judicial-review petition more than thirty days after notice was sent to the permit applicant.
2. Whether denying affected parties judicial review after LDEQ approved a permit without public comment is consistent with the Louisiana Environmental Quality Act.

Disposition

writ_denied