Public Health Emergency Event/COVID-19: Louisiana Department of Environmental Quality Amended Declaration of Emergency/Administrative Order

Secretary Dr. Chuck Carr Brown of the Louisiana Department of Environmental Quality (“LDEQ”) issued a March 20th Amended Declaration of Emergency Administrative Order (“Order”). See In the Matter of Public Health Emergency Event Name: COVID-19 – Agency Interest No. 221899.

The Order was issued addressing issues related to the environmental regulations and statutes that LDEQ administers that have been affected by the COVID-19 virus.

The Order in its “Findings and Declaration” references:

• The Public Health Emergency in the State of Louisiana related to COVID-19
• The Louisiana Governor’s proclamation of a statewide public health emergency exists in the State
• Recognition that the Order applies statewide (i.e., the Emergency Area)
• COVID-19 has created or will create conditions requiring immediate action to prevent serious threats to life or safety

The Order addresses the following:

• Public Notice and Public Participation Procedures Regarding Proposed Permit Actions (postponing scheduled public hearings and adjustment of public comment periods)
• Records Management (noting availability of documents)
• General Conditions (referencing relief is only provided for the duration of the Order and is limited to LDEQ regulatory proprietary requirements)
• General Limitations (only addresses issues related to COVID-19)
• Electronic Submittals to the Department for Permitting (referencing how submittals are provided to LDEQ)
• Other Authorizations Required (clarifying the Order does not address any other federal, state, or local permits)
• Extension of Time to Comply with Specified Deadlines (certain extensions are provided)
• Completion of Authorized Activities (noting activities authorized under the Order must be commenced before the expiration of the Order unless otherwise provided in an authorization or permit)

A copy of the Order can be downloaded here.