Vallery v. Louisiana State Dept. of Environmental Quality
Court of Appeal of Louisiana, First Circuit.May 2, 2012--- So.3d ----2011-1315 (La.App. 1 Cir. 5/2/12) re hearing denied, August 15, 2012.
Ernie Vallery filed suit asking the court to order LDEQ to conduct a public hearing on Vanguard Synfuels' application for a LPDES permit. The Louisiana Environmental Action Network and Howard Charrier filed petitions in 2007 seeking to intervene in the Vallery suit as plaintiffs. The court granted Vallery the relief sought and ordered LDEQ to hold a public hearing on the Vanguard Synfuel's permit application.
"Original jurisdiction"refers to the tribunal empowered to conduct adjudications in the first instance. It does not refer to judicial review of decisions of administrative agencies.
"Original jurisdiction"refers to the tribunal empowered to conduct adjudications in the first instance. It does not refer to judicial review of decisions of administrative agencies.
A person or group that seeks to intervene must do so before the tribunal with original jurisdiction has ruled. There is no right to intervene at the judicial review stage of the proceeding. According to La. R.S. 30:2050.11, an aggrieved person is granted the right to intervene as a party in an environmental regulatory proceeding at the adjudicatory hearing stage.
The Vallery decision intended to clarify the procedural window available to intervene. An environmental action group, or concerned citizens must intervene prior to the administrative ajudication. The decision is ambigous, however. The court implies that since the appropriate remedy from an adverse administrative proceeding is an appeal to the District Court in the 19th Judicial District, the party seeking to intervene can join the action via the appeal to the 19th Judicial District Court.
Once an adjudication has occurred, the proper remedy for an aggrieved person to contest a final decision or order of the LDEQ is to appeal the decision or order in accordance with La. R.S. 30:2050.21. Louisiana Revised Statute 30:2050.21 expressly provides that “[a] petition for review must be filed in the [Nineteenth Judicial District Court] within thirty days after notice of the action or ruling being appealed has been given.”
The conflict is best resolved in favor of intervention prior to the administrative adjudication.
