Beverly Alexander; Rise St. James; Inclusive Louisiana; and Mount Triumph Baptist Church by and through Their Members v. St. James Parish

Summary

The Louisiana Supreme Court reviewed St. James Parish’s approval of a methanol facility upgrade involving a pipeline through wetlands. The court held that the court of appeal erred by applying de novo review and failing to give appropriate deference to the Parish’s interpretation of its land use plan and decision. The court denied plaintiffs’ motion to dismiss under the collateral-consequences exception to mootness, vacated the court of appeal’s ruling, and rendered judgment.

Holdings

1. The subsequent approval of Koch's application did not moot the consolidated writ proceedings because disputed issues concerning the Parish's authority to interpret its Land Use Plan and the proper scope of judicial review remained, and correction of the court of appeal's ruling had practical precedential consequences.
2. There is no de novo review of a local governmental land use decision in the sense of an appellate court independently resolving the legal issue. The proper standard is deferential arbitrary-and-capricious review.
3. The Parish reasonably interpreted the Plan to treat a pipeline connection to an existing pipeline in wetlands as a unique situation requiring a location in the water and therefore an allowable use eligible for Tier 2 review.

Questions Presented

1. Whether plaintiffs' challenge became moot after the Parish reconsidered and approved Koch's substantially similar land use application and the pipeline became operational.
2. Whether judicial review of a local government's land use decision is de novo or is limited to determining whether the decision was arbitrary and capricious.
3. Whether the Parish reasonably interpreted its Land Use Plan to classify Koch's pipeline connection to an existing wetlands pipeline as an allowable use subject to Tier 2 review rather than a prohibited use requiring Tier 3 review.

Disposition

vacated