Posts filed under Louisiana

AG Jeff Landry Kicks "Honor Code" in the Backside Yet Again

Photo source: Louisiana Dept. of Justice

Photo source: Louisiana Dept. of Justice

In yet another installment of “AG Landry kicks “Honor Code” Edwards in the backside”, the below happened in state court yesterday:

A testy dispute between former state Sen. Larry Bankston and Louisiana Attorney General Jeff Landry over who should represent the state's contractor licensing board doesn't belong in the courts, a state appeals court ruled Thursday.

It what seems like an almost weekly occurrence, Landry has repeatedly shown the Cajun Obama that he is not above the laws of the State of Louisiana and that he is beholden to such.

Landry, a Republican, initially questioned whether Bankston, a convicted felon who was temporarily disbarred, should be allowed to work for the state. Bankston, a Democrat, is an ally of Democratic Gov. John Bel Edwards.

At least we have one person in State office that respects the rule of law and the Constitution of Louisiana. Sadly, the Governor of our state does not.

Read more: AG Jeff Landry, ex-state Sen. Larry Bankston dispute doesn't belong in court, appeals court says

Posted on January 4, 2019 and filed under Jeff Landry, John Bel Edwards, Louisiana.

SCALISE: Democrats Need To Stop Playing Games With America's Safety And Fund Border Security Now

Photo source: Twitter

Photo source: Twitter

From the day President Trump took office, Democrats have vowed to oppose him at every turn in an effort to appease their radical-left base, putting the politics of obstruction over the security of our country.

There’s been no better example of that than the current partial government shutdown.

Read more: Scalise: Democrats Need To Stop Playing Games With America's Safety And Fund Border Security Now

One Good Louisiana Success Story Right Before Christmas

Photo source: Google Play

Photo source: Google Play

Meaux, 50, is just five years removed from launching the food delivery startup alongside four co-founders in what he described as a windowless, “cinder-block” room in a business incubator in Lake Charles.

In that time, the company has grown at a frenetic clip, surpassing revenue projections and rolling out in city after city in Louisiana and across the Southeast. As of the beginning of December, it had more than 9,000 employees, including 400 in corporate offices, like the one on the first floor of The Daily Advertiser newspaper building in Lafayette, where he and his leadership team are based.

Last month, the company went public on the Nasdaq stock exchange after being scooped up by Texas billionaire Tilman Fertitta’s Landcadia Holdings for $308 million. For most of December, Waitr has had a market capitalization of more than $600 million, and it recently acquired a rival, Bite Squad, for $321 million, doubling Waitr's footprint.

Read more: From ideas in Chris Meaux's notebook five years ago, Waitr now employs more than 9,000 and poised to be major player in the restaurant industry

Posted on December 21, 2018 and filed under Economy, Louisiana.

The Fruits of a Tax and Spend Governor

Photo source: Wikipedia  

Photo source: Wikipedia  

Personal income in Louisiana growth slowed to a 2.3 percent rate in the third quarter of this year, a smaller gain than almost every other state, newly released figures show.

The U.S. grew personal income by 4 percent, according to the U.S. Bureau of Economic Analysis. Personal income includes income from labor, owning a home or business, financial assets and transfers.

Louisiana ranked 48th in the rate of growth. Mississippi, also at 2.3 percent, ranked 49th, and Missouri, at 2.1 percent, ranked 50th.

The state added $1.19 billion in personal income during the period, including $796 million in net earnings.

Farm earnings took the biggest hit in the quarter, down $101 million. Mining, quarrying and oil and gas extraction fell by $75 million.

Read more:  Louisiana personal income growth lags behind nation in third quarter

VENABLE: Opinion/Editorial - In Response to 2018-19 Judicial Hellholes Report Release on Dec. 4

Photo source: Facebook  

Photo source: Facebook  

For the ninth consecutive year, Louisiana has been named one of the nation’s Judicial Hellholes® by the American Tort Reform Foundation. The organization’s annual report spotlights the worst legal climates in the country. This year, Louisiana moved up three spots in the rankings from number eight to five. Why is it the Pelican State seems to come in near the top of every “bad” list and lands near the bottom when it comes to the “good?”

The 2018-19 report highlights the state’s hiring of contingency-fee lawyers to target energy companies and the legislature’s failure to address lawsuit abuse as key factors in Louisiana’s reputation as a “judicial hellhole.”  Louisiana was also among the top 10 states for lawsuits in federal court this year claiming small businesses are violating the American with Disabilities Act. Additionally, the state’s excessive direct tort costs amounted to $1.1 billion and resulted in a loss of more than 15,000 permanent jobs in 2018.

Louisiana’s notoriety as a “judicial hellhole” should come as no surprise. Lawsuit abuse affects everyone. Consumers pay the price in increased costs for goods and services. For example, Louisiana is the second most expensive state for auto insurance, where premiums have increased significantly for four consecutive years. In 2017, the annual average premium was $1,921 in Louisiana compared to the national average of $1,427 New Orleans is the second most expensive city to insure a vehicle in the country, and Baton Rouge isn’t far behind at number five.

The number of auto accidents and claims in Louisiana is generally consistent with the other states, but bodily injury claims are nearly twice the national average. Many Louisiana drivers are uninsured or underinsured, which encourages turning to the court system for larger accident payouts. As a result, Louisianans are forced to pay much higher premiums.

The Judicial Hellholes® report also criticizes state lawmakers’ failure to pass legislation this year that would have made evidence a person was not wearing a seatbelt at the time of an accident admissible in court. Current law does not allow this essential information to be considered when determining damage awards. This is only one example of the common-sense solutions to fight lawsuit abuse that would help make auto insurance more affordable for hardworking families.

In addition, Louisiana also has the nation’s highest jury trial threshold. Civil cases with claims valued at less than $50,000 are tried by judges, not a jury. Thirty-six states have no jury trial threshold, and of those that do, the amount is considerably lower.

Let’s hope the Louisiana Legislature can implement these and other legal reforms next year and break the state’s streak as a “judicial hellhole” before it hits the decade mark.

 

Lana Sonnier Venable

Executive Director

Louisiana Lawsuit Abuse Watch (LLAW)

Posted on December 5, 2018 and filed under Louisiana.

AMERICAN TORT REFORM: Louisiana Named No. 5 Judicial Hellhole in the Country

Governor Edwards’ litigious attacks against oil and gas industry contribute to poor legal climate

Photo source: Judicial Hellholes

Photo source: Judicial Hellholes

Dec. 4, 2018 (WASHINGTON) – Today, the American Tort Reform Foundation released its annual Judicial Hellholes report and named Louisiana as the No. 5 Judicial Hellhole in the country.

Louisiana earned its way into the Top 5 through the state’s hiring of contingency-fee lawyers to target energy companies and the legislature’s failure to address lawsuit abuse.

Louisiana Governor John Bel Edwards, a former trial lawyer, came into office and quickly hired campaign donors and trial lawyer colleagues to represent the state in more than 40 lawsuits against energy companies. Governor Edwards filed the lawsuits after the companies would not comply with his ultimatum demanding that they spend billions of dollars restoring the eroding coastline of the Pelican State.

“The evidence that oil and gas exploration is solely to blame for coastal erosion simply does not exist,” American Tort Reform Association President Tiger Joyce said. “These lawsuits have done nothing to solve the issue but instead only created unnecessary job loss for Louisianans.”

Louisiana posted the worst economic performance in the country in 2017 according to the federal Bureau of Economic Analysis, and was one of just three states in which the economy shrank.

Governor Edwards is not the only Louisianan needlessly filing lawsuits. The state also is a hotbed for lawsuits claiming small businesses are in violation of the Americans with Disabilities Act. The claims often involve serial plaintiffs and are filed without giving notice to the business owner, denying them the opportunity to address the issue outside of court.

“Lawsuits like these against small mom-and-pop businesses are wrong,” Joyce said. “These are folks who don’t have access to full-fledged corporate legal teams. They are good people who want to serve their customers, but instead, trial lawyers are taking them to court and putting small business owners through the ringer.”

As of June, Louisiana was among the Top 10 states for these types of lawsuits in federal court in 2018. The problems don’t end with frivolous lawsuits – Louisiana also has the second-most expensive auto insurance rates in the country. Fifty-five percent of Louisianans drive uninsured or underinsured, encouraging drivers to turn to the courts for larger payouts when accidents occur. Trial lawyers then work behind the scenes to drive up payout costs on even the most minor fender benders, which then forces the insurance companies to increase rates year after year.

Louisiana’s legislature had the opportunity to pass legislation addressing these litigation abuses, which would have made evidence that a person was not wearing a seatbelt at the time of an accident admissible in court. The current law in Louisiana does not allow the jury to consider this evidence when determining damage awards. The bill passed the House but died in the Senate.

“Louisiana finds itself in a bad cycle of trial lawyers driving up insurance costs, drivers then being unable to afford the necessary auto insurance, and then going to court to seek payouts,” Joyce said. “Revisiting and passing this commonsense piece of legislation would be a step in the right direction to address Louisiana’s high insurance rates and help make auto insurance more affordable for hardworking Louisianans.”

A recent report states that excessive tort costs in Louisiana resulted in a loss of more than 15,000 permanent jobs as of 2018 in addition to $1.1 billion in annual direct costs.

The full ranking of the nation’s Judicial Hellholes are:

  1. California

  2. Florida

  3. New York City

  4. St. Louis

  5. Louisiana

  6. Philadelphia Court of Common Pleas

  7. New Jersey Legislature

  8. Madison and St. Clair Counties, Ill.

  9. Twin Cities, Minn.

To view the full report and read further updates throughout the year, visit JudicialHellholes.org.

###

About the American Tort Reform Association (ATRA): The American Tort Reform Association, based in Washington, D.C., is the only national organization dedicated exclusively to tort and liability reform through public education and the enactment of legislation. Its members include nonprofit organizations and small and large companies, as well as trade, business and professional associations from the state and national level. The American Tort Reform Foundation is a sister organization dedicated primarily to research and public education.

LANDRY: Plenty of work to do

Photo source: Twitter  

Photo source: Twitter  

In the three decades since working those fields, Landry has used that work ethic to help himself achieve a lifetime of goals. Landry graduated from college, worked as a sheriff’s deputy, served in the Louisiana Army National Guard, received his law degree and passed the bar, opened his own business, served in the United State Congress and was elected as Louisiana’s Attorney General.

Read more:  Plenty of work to do

Posted on December 3, 2018 and filed under Louisiana, Jeff Landry.

COASTAL LAWSUITS MOVING STATE IN WRONG DIRECTION, LOUISIANA LAWSUIT ABUSE WATCH SAYS

Photo source: Cajun Conservatism

Photo source: Cajun Conservatism

 “These kind of lawsuits will only continue to move Louisiana in the wrong direction and further weaken the state’s struggling economy, which has lost thousands of jobs and major manufacturing projects in recent years,” Venable said.

Read more:  COASTAL LAWSUITS MOVING STATE IN WRONG DIRECTION, LOUISIANA LAWSUIT ABUSE WATCH SAYS

Posted on November 30, 2018 and filed under Oil and Gas, Louisiana.

OPINION: We Are Now Entering the Louisiana 2019 Election Cycle

Cajun Conservatism.jpg

While most of the nation is breathing a sigh of relief that the federal elections are over, for now, Louisiana politicos woke up on November 7th with one reality: the race for Governor starts now. That's right folks, we are officially in the 2019 electoral cycle. Sure, pieces of this puzzle started coming together months ago, but now plans and preparations, for what will no doubt be a highly contested governor's race, will be sent into over drive. 

The race for Louisiana's top job will quickly take shape over the next few weeks. Governor Edwards will officially announce his intent to seek re-election, Baton Rouge businessman Eddie Rispone will officially kick off his campaign, and Senator John Kennedy will make a final decision before the end of the month. 

With his approval rating currently sitting in the area of 40%, JBE will stop at nothing to avoid a repeat of Governor Blanco's "one and done" experience. He will pull out all the stops to ignite his base and reaffirm his position with the trial lawyers that helped secure the 4th floor of the state capitol for him in 2015. He will continue to cozy up to his union cronies, push for teacher pay raises, and sacrifice the abundance of Louisiana's natural resources by way of destroying our economy to satisfy the leftist, liberal activist, like General Honore's GreenARMY, that have swept the state during his first term.   

We have already seen evidence of this detrimental partnership when the administration caved to environmentalists demands when they forced the Governor’s hand to nix the plans of Explosive Services International (ESI) to keep the burn chamber at Camp Minden functioning. And then again when he put a stop to plans to bring another burn chamber to the Slaughter area. This project, which had major, bi-partisan support from local officials, would have provided high quality jobs to a rural area. 

One has to wonder how many companies, with high quality, blue collar jobs, are going to pack their bags? We have already seen companies refusing to reinvest in Louisiana because of the legal climate that the Edwards Administration has fostered. Between the legacy lawsuits that run rampant, the lack of corporate tax incentives, and the eroding quality of life in Louisiana, is it really any surprise that the Pelican state suffers from an out-migration issue? 

If all this sounds a little doom and gloom, it’s probably because it is. Don’t let that 40% approval rating make you comfortable. The trial lawyer money is flowing, the environmental activists are activated and ramping into full gear for 2019 and this show is just getting started. Conservatives need to unite behind one candidate and beat John Bel. A rerun of the 2015 Republican primary will only help assure the Governors re-elect. 

Chris Gary - Cajun Conservatism


Posted on November 13, 2018 and filed under John Bel Edwards, John Kennedy, Louisiana.

LAGOP: Louisiana Republicans join together to support Secretary of State Kyle Ardoin

Photo source: LAGOP

Photo source: LAGOP

11/13/2018

Today, Louisiana Republican officials across the state joined together to express support for Secretary of State Kyle Ardoin in his runoff election scheduled for December 8, 2018. Members of the executive branch of Louisiana, and the Republican members of the Congressional delegation, announced their endorsements of Secretary Ardoin for the December 8 runoff.

“It is vital that we keep a conservative Republican as our Louisiana Secretary of State. We cannot afford a liberal progressive in that office who would weaken our voter ID laws and undermine the integrity of our elections,” Republican Party of Louisiana Chairman Louis Gurvich said. “It's critical that all Louisiana Republicans show up to support and vote for Secretary of State Ardoin on December 8. No one should take this election for granted!”

“Look at what’s happening in Florida and Georgia, where the incompetence of local election officials is casting serious doubt on the results of the elections in those states. This cannot be allowed to happen in Louisiana. I will continue to ensure the security of our elections, and fight the radicals who wish to change our election laws,” declared Secretary of State Ardoin.

Secretary Ardoin placed first in the November primary. Early voting for the runoff election takes place November 24-December 1, and Election Day is December 8.

The list of Republican officials who have endorsed Secretary Ardoin are as follows:

Republican Party of Louisiana
Senator Bill Cassidy, M.D.
Senator John Kennedy
Congressman Steve Scalise
Congressman Ralph Abraham
Congressman Clay Higgins
Congressman Mike Johnson
Attorney General Jeff Landry
Treasurer John Schroder
Commissioner of Agriculture and Forestry Mike Strain
Commissioner of Insurance Jim Donelon

Posted on November 13, 2018 and filed under LAGOP, Louisiana, Republicans.

CITIZENS FOR LOUISIANA JOB CREATORS: Mayor Convicted of Felony Voted

Photo source: Facebook

Photo source: Facebook

Over the weekend, WBRZ Television station in Baton Rouge broke the story that convicted felon, and former mayor of New Roads Robert Myer, voted in the recent federal elections.

If this doesn’t sound right, it’s because it is not!

It is illegal for convicted felons to vote...even if the Governor's political appointees try and allow it. As reported by WBRZ, under the leadership of Secretary of State Kyle Ardoin, prior to every election, he receives a list from the Department of Corrections of criminals who are not eligible to vote. Robert Myer’s name was not on that list. Governor Edwards political appointee Malcolm Myer, Assistant Secretary at the Department of Corrections, and the brother of Robert Myer, did not send the felon’s name to Secretary Ardoin. 

Thankfully Attorney General Landry continues to fight the empty out our jails policy coming from this Administration. Felons voting is just the latest disrespect being shown victims of crime. Our election process is sacred, thank you Attorney General Landry and Secretary of State Ardoin for fighting for accountability.  

Link to WBRZ story here

More Good News for the Oil and Gas Industry in Louisiana

Photo source: Wikipedia

Photo source: Wikipedia

In this piece from the Advocate, Louisiana has signed a deal with the country of Poland for deliveries of liquefied natural gas (LNG).

The state company PGNiG signed the 24-year deal with American supplier Cheniere during a ceremony in Warsaw attended by U.S. Energy Secretary Rick Perry and Polish President Andrzej Duda.

Read more: Poland signs deal for long-term natural gas deliveries from Louisiana, Texas

Posted on November 9, 2018 and filed under Louisiana, Oil and Gas.

LABI: National Report: Households in Louisiana Forced to Pay Some of the Highest Lawsuit Costs in the U.S.

FullSizeRender.jpg

FOR IMMEDIATE RELEASE: Baton Rouge (Oct. 24, 2018) – Today, the U.S. Chamber of Commerce Institute for Legal Reform (ILR) released a study that reveals the total cost of the U.S. tort system is staggering. The ILR report, Costs and Compensation of the U.S. Tort System, estimates the total cost of tort litigation in each state, totaling $429 billion nationwide in 2016.


Closer to home, the cost of lawsuits in Louisiana are among the highest of any state. Families and businesses in Louisiana were forced to pay nearly $7 billion in expenses related to tort litigation in 2016 - equivalent to more than $4,000 for every Louisiana household. The impact on the Louisiana economy ranks among the top five states in the nation, as litigation costs equate to almost three percent of the state’s GDP.

The ILR report further shows the largest share of Louisiana’s tort costs are a result of automobile accident cases, ringing in at almost $3.4 billion in 2016. Year after year, the Louisiana Association of Business and Industry (LABI) has supported a series of reform bills in the Louisiana Legislature to address this issue and bring costs down for Louisiana businesses and families but faces strong opposition from allies of an entrenched trial bar.

Today, LABI president and CEO Stephen Waguespack joined ILR in Washington for the launch of the report, speaking on a morning panel at the 2018 Legal Reform Summit. The experts took a deep dive into the cost of tort litigation for the average American family and how Louisiana shapes up compared to the rest of the country. Joining Waguespack on the panel was Paul Hinton, Principal of the Battle Group. The panelists were interviewed by Connie Lewis Lensing, Senior Vice President of the Legal Department at FedEx.

“On the heels of yet another negative report, we are staying focused on solutions,” stated LABI president and CEO Stephen Waguespack. “The costs of lawsuits profoundly impacts the ability of Louisiana employers to create jobs and for workers to keep more of their own hard-earned money. Reform to Louisiana’s legal system is a top priority going into next year’s important state election cycle.”

Waguespack continued, “Louisiana must take the opportunity to learn from this latest report. Not just about how our state can be stronger, but what these costs mean for Louisiana wallets and what other states are doing in this arena to ensure plaintiffs have access to a fair system without penalizing all businesses and households. The reality is that lawsuits are not just a technical issue that dies in the state legislature every year; this is a real-world problem that our businesses and families are fighting every day.”

Earlier this year, the ILR ranked Louisiana 51st in the country behind the District of Columbia for the worst legal climate in the nation. The new ILR report focuses specifically on the cost of torts paid in the U.S. tort system, using data on liability insurance premiums and estimates of the liability exposure of businesses and individuals that are uninsured or self-insured.

To read the report, click below:

Costs and Compensation the U.S. Tort System:https://www.instituteforlegalreform.com/research/2018-costs-and-compensation-of-the-us-tort-system

 About the Louisiana Association of Business and Industry

The Louisiana Association of Business and Industry was organized in 1975 to represent Louisiana businesses, serving as both the state chamber of commerce and state manufacturers association. LABI’s primary goal is to foster a climate for economic growth by championing the principles of the free enterprise system and representing the general interest of the business community through active involvement in the political, legislative, judicial and regulatory processes. Find out more information at http://www.labi.org 

Posted on October 24, 2018 and filed under Louisiana.

2018 Louisiana Voter Guides Are Out

Photo source: NOLA

Photo source: NOLA

The annual voter guide reports from PAR and the Louisiana Family Forum are out and can be read here and here.  

The reports have become a resource for many of the Louisiana voting public and outline where candidates stand on various social and economic issues, as well as the amendments that are on the ballot and the significance for supporting or opposing those amendments. 

Posted on October 20, 2018 and filed under Louisiana.

Louisiana Old School Electioneering Is Back

Photo source: KLFY

Photo source: KLFY

In a blatant attempt at electioneering, one Lafayette City-Parish Councilman has proposed free bus rides on election day. While not expressly bringing folks to the polls, the rides will surely be used in an attempt to sway votes and at getting more voters to the polls in an attempt to influence the election.

What could possibly go wrong????

Read more: Possible free bus rides on Election Day causes controversy

Posted on October 16, 2018 and filed under Louisiana.

LLAW: Study Shows Impact Of Excessive Civil Tort Costs On Louisiana Economy

Baton Rouge, LA — Louisiana Lawsuit Abuse Watch (LLAW) today released the 2018 Economic Benefits of Tort Reform, an assessment measuring the impact of excessive civil court costs on Louisiana’s economy. The study, conducted by The Perryman Group for Citizens Against Lawsuit Abuse (CALA), found that Louisiana is losing jobs and revenue because of the state’s civil justice system. The assessment included extensive survey data, industry information and a variety of corroborative source material. The Perryman Group analyzed outcomes in the state using Ohio, which has engaged in notable tort reform in the recent past, as a benchmark.

The total current impact of excessive tort costs on the Louisiana economy amounts to estimated losses of $1.1 billion in annual direct costs and $1.5 billion in output (gross product) annually. About 15,556 jobs are lost when dynamic effects are considered. All major industry groups are negatively impacted, with retail trade, business services, health services and other service industries showing the greatest losses. The yearly fiscal losses (as of 2018) are estimated at $76.4 million in state revenues and $64.3 million to local governments. These effects are based on the current size of the state’s population and economy and can be expected to rise over time in the absence of meaningful civil justice reforms.

The assessment found that an inadequately balanced justice system can be counterproductive. A system that generates exorbitant levels of damages or numbers of awards may result in negative impacts through the misallocation of society’s scarce economic and human resources. Some of these negative effects include increased costs and risks of doing business in an area; disincentives for innovations which promote consumer welfare; enhanced incentives to file lawsuits of questionable merit resulting in increased inefficiencies; higher insurance premiums than would exist under a more balanced approach; and increased health care costs and declining availability of medical services, among others.

“These findings clearly show that civil justice reform must be a priority in Louisiana. Frivolous lawsuits and exorbitant plaintiff awards impact all sectors of our economy and hurt Louisiana families, as costs are ultimately passed down to them in the form of higher prices for goods and services,” said LLAW Executive Director Lana Venable.

Civil justice reforms that have resulted in the greatest reduction in losses are those aimed at reducing frivolous lawsuits, capping appeal bonds, setting negligence standards and limiting non-economic damages. These reforms have been shown to enhance innovation and increase productivity, as well as to improve judicial efficiency and economic performance.

According to the assessment, when working properly, the judicial system provides a critical institutional framework that provides a fair and equitable forum for resolving disputes, compensates plaintiffs who have been legitimately harmed and deters undesirable behavior.

“A healthy legal system should ensure fairness for both truly impaired individuals and small and large businesses operating in Louisiana. Imbalances in the system lead to unpredictability for consumers and businesses, costing jobs and resulting in constrained economic growth,” according to Louisiana Coalition for Common Sense Executive Director Jim Harris.

Louisiana was ranked 50 th in the US Chamber Institute for Legal Reform’s 2017 Lawsuit Abuse Climate Survey, which measures the reasonability and balance of each states’ tort liability systems. Louisiana also earned the number eight ranking in the American Tort Reform Foundation’s 2017-18 Judicial

Hellholes Report based on systematic application of civil laws and court procedures.

About Louisiana Lawsuit Abuse Watch (LLAW)

Louisiana Lawsuit Abuse Watch (LLAW) is a high-impact watchdog group with nearly 20,000 supporters across the state dedicated to fixing Louisiana’s broken legal system through transparency, accountability and lawsuit reform. Visit us on Facebook, Twitter (@ReformLouisiana) and www.llaw.org.

About the Louisiana Coalition for Common Sense (LCCS)

The Louisiana Coalition for Common Sense (LCCS) is a group of professional associations, companies and individuals committed to ensuring a fair legal climate for both truly impaired individuals and small and large businesses operating in Louisiana.

About The Perryman Group (TPG)

An economic and financial analysis firm, The Perryman Group (TPG provides clients with well-documented, carefully considered answers to even the most complex questions. For more than 30 years,

The Perryman Group has met the challenges of thousands of clients through a systematic approach and a level of performance that assures a consistent standard of excellence. The firm has been involved in scores of major events shaping the economic landscape, from crucial corporate locations to landmark legislation to important regulatory policies to notable judicial decisions.

Posted on October 15, 2018 and filed under Louisiana.

Corps of Engineers Reform Bill Headed to White House

Photo source: Wikipedia 

Photo source: Wikipedia 

WASHINGTON, DC – Landmark legislation produced under the leadership of House Water Resources Subcommittee Chairman Garret Graves (South Louisiana) to reform the U.S. Corps of Engineers will be signed into law this week. The America’s Water Infrastructure Act of 2018, which unanimously passed the U.S. House of Representatives on September 13, 2018, will be voted on today in the U.S. Senate, and the president is expected to sign the bill into law later this week.

This is the first Corps reform bill produced with Graves serving as chairman over the House Water Resources and Environment Subcommittee, which has jurisdiction over the Corps of Engineers, Environmental Protection Agency and other agencies. 

“On our current trajectory, the Corps will finish its $100 billion of backlogged, federally authorized projects approximately never,” said Graves. “We have to stop pushing paper and start turning dirt. Fundamental changes are needed, and this bill begins moving us in that direction.”

The America’s Water Infrastructure Act of 2018 (AWIA)is the latest in a portfolio of legislative achievements that Graves has been implementing as part of his broader strategy to replace the federal government’s wasteful spending of billions of dollars after disasters with smart, pre-disaster investments that better prepare and protect our communities at a much lower cost to taxpayers. Other strategy components include the Disaster Reform and Recovery Act, which was signed into law last Friday; full funding for the Comite flood protection, West Shore hurricane protection and other important projects announced in July; and Graves’ bill to increase offshore energy revenue sharing funding that passed through the Natural Resources Committee in September. AIWA paves the way for major reforms of how the nation plans, designs, constructs and funds flood control, hurricane protection, navigation, coastal/ecosystem restoration and other projects. 

“This bill is about delivering proactive solutions so that communities actually benefit from projects instead of having to endure decades of studies and inaction,” added Graves.

AIWA focuses on four major themes:

·Cutting the red-tape and bureaucracy associated with Corps of Engineers’ projects

·Preventing redundancies and excessive costs

·Providing greater project roles to state and local governments

·Changing the Corps of Engineers focus from process and procedure to project completion

Provisions inserted in the House and final bill by Graves include:

·Providing the State of Louisiana an estimated $500,000,000 in credit for coastal restoration and other projects in the state. This credit can be used by the state in lieu of cash cost shares required by the state.

·Beginning a process to transition the Corps of Engineers’ mission to a civilian infrastructure agency where it can be a top agency priority.

·Forcing the Corps to disclose internal costs and expenses.

·Requiring a reanalysis of the Old River Control Structure in Louisiana to end the static 70% Mississippi River, 30% Atchafalaya River split of flow. Under the new model, the Corps would migrate toward a dynamic operations plan to maximize navigation, flood control, coastal restoration and other objectives.

·Allowing the state and levee districts to construct authorized Corps projects without re-permitting environmental and other project considerations.

·Eliminating the requirement that the state and levee districts go through a duplicative regulatory and permitting process when building authorized projects without the Corps of Engineers.

Graves continued: “There are literally tens of billions of dollars in authorized Corps of Engineers projects in Louisiana. If we are going to restore our coast and protect our communities, we must change the way these projects are developed and delivered.”

Other Louisiana-centric provisions include (provision sponsors):

·Preventing the purchase of property from private landowners when projects can be constructed using an easement, donation or other less expensive means (Higgins/Graves)

·Expanding upon opportunities to use material dredged from rivers and bayous for coastal restoration (Higgins/Graves)

·Expediting Feasibility Studies and Advancing Project Design:

oJ. Bennett Johnston Waterway project improvements (Abraham/Johnson)

oNorthshore flood risk reduction (Scalise/Cassidy/Kennedy)

oOuachita-Black Rivers navigation improvements (Abraham/Cassidy/Kennedy)

oBaptist’s Collette Bayou channel deepening (Scalise/Cassidy/Kennedy)

oHouma Navigation Canal Deepening (Scalise/Graves/Cassidy/Kennedy)

oExtend the construction deadline for a hydropower facility on the J. Bennett Johnston Waterway (Abraham/Johnson)

“This bill is good for our infrastructure, good for jobs, and good for America,”added Transportation and Infrastructure Chairman Bill Shuster (R-PA).

 

Graves recently secured $3,000,000,000 in new federal funding from five sources to fully fund numerous decades-stalled Corps of Engineers projects in Louisiana. This bill complements those efforts, which will together produce better protection for our homes, communities and businesses; better federal performance; and cost savings to the American people.

Posted on October 10, 2018 and filed under Garrett Graves, Louisiana.

MOST PLAQUEMINES PARISH VOTERS OPPOSE PARISH’S OIL AND GAS LAWSUIT; 99% SAY INDUSTRY IS CRITICAL TO ECONOMY

Photo source: GrowLACoalition Twitter

Photo source: GrowLACoalition Twitter

Plaquemines Parish residents are speaking loud and clear: they stand with the oil and gas industry and want to see it continue to play a vital role in their community and their future. The oil and gas industry provides more than 1,500 jobs in Plaquemines Parish with a $264 million payroll, paying $20 million annually in parish property taxes.

Read more: MOST PLAQUEMINES PARISH VOTERS OPPOSE PARISH’S OIL AND GAS LAWSUIT; 99% SAY INDUSTRY IS CRITICAL TO ECONOMY

Posted on October 10, 2018 and filed under Louisiana, Oil and Gas.

LANDRY: Allowing Louisianans To Make Their Own Healthcare Choices

Opinion by Jeff Landry, Attorney General of Louisiana

Source: Parish News Acadiana

Source: Parish News Acadiana

Recently, I participated in a national TV interview on CNN regarding an important lawsuit. I joined this lawsuit with 17 other Attorneys General and two Governors on the legality of the Affordable Care Act. It is an important topic.

Unfortunately, while our lawsuit is focused solely on the rule of law, the television producers used my time on air in a farcical attempt just to attack the strategy and get a soundbite. Though I anticipated some sky-is-falling hysteria that has become a staple of extremists when discussing the ACA, I felt strongly someone needed to get the truth to CNN’s flailing audience.

That truth is the Republican state officials who signed onto this suit are resolved in our efforts to fight unconstitutional policies, and we understand that the remains of the unconstitutional ACA need to be dismantled before their inevitable collapse does any further damage to families and businesses.

Rising costs, undesirable plans, and declining choices have been the status quo since the 2,300-page ACA was forced onto the American people. While a fortunate few in Louisiana may finally see, for the first time since 2011, less painful premium hikes – we know something different must be done to reduce the crippling financial burdens and to ensure our people can once again have the freedom to choose their own doctors.

But make no mistake about it: those involved in the lawsuit are not attacking sound law based on its policy failures. Policy decisions are for the Legislative Branch, which is something the Governor and his allies had to learn the hard way when I became Attorney General.

The ACA is unconstitutional. When the Supreme Court ruled on NFIB v. Sebelius – they found the individual mandate unlawful on its own, but legally permissible if attached to the federal government’s taxing authority. And since the Tax Cuts and Jobs Act of 2017 has been signed into law, the tax penalty has been removed and the mandate now stands alone.

The hoops that the Supreme Court jumped through to uphold the individual mandate telegraphed the true extent of the ACA’s constitutional problems. Now that those hoops have been removed, the rule of law must prevail and the ACA must fall. This should be welcomed by all who cherish the Constitution and support our great republic.

If our lawsuit is successful and the ACA is removed from the books, states will be allowed to implement their own healthcare plans for their own citizens. Maine may be able to employ its previously preempted framework; Nebraska may realize the full potential of its direct primary care option for state workers; and most importantly, Louisiana – through our Legislature – would be free to enact rules and restrictions without fear of conflict pre-emption. In essence, Louisiana could use a system that works for Louisiana.

While I, like the overwhelming majority of my fellow Republicans, believe those with pre-existing conditions should be protected; I know that decision is up to our Legislature. If our lawsuit is successful, our own Legislature will craft future regulations and policies. Our own Louisiana House and Senate can work on better solutions to our healthcare problems, right here in our State. I stand ready to assist them.

As I have done since filing the lawsuit in February, I will continue discussions with our legislators. And as I have always done, I will keep fighting against government overreach and keep doing all that I legally can to make Louisiana an even better place to live, work, and raise our families.

Jeff Landry is the Attorney General of Louisiana. Originally from St. Martinsville, General Landry holds a Law Degree from Loyola University, he is a veteran of Desert Storm, and a former member of the United States House of Representatives.  www.agjefflandry.com

Source: Allowing Louisianans To Make Their Own Healthcare Choices


Posted on October 5, 2018 and filed under Heathcare, Jeff Landry, Louisiana.