Source: The Times-Picayune (New Orleans, LA), April 19, 2015
Posted on: http://envfpn.advisen.com
A state judge in Covington has dismissed Abita Springs’ lawsuit aimed at blocking the proposed oil drilling and fracking project about 4 miles outside town.
Siding with Helis Oil & Gas Co. and the state Office of Conservation, Judge William Knight ruled Wednesday that Abita Springs doesn’t have the right to enforce St. Tammany Parish zoning codes.
“The town of Abita Springs has no right to bring the action sought,” Knight wrote.
Abita Springs filed the lawsuit against Helis and the state in December, arguing the project would violate the parish’s zoning codes and endanger the health, safety and welfare of St. Tammany residents.
“The question before this court is not whether fracking is or is not a good process,” Knight wrote. “The court further is not the appropriate forum (to decide) whether or not this particular drilling permit should be issued.
“Rather, this court is presented with the narrow issue of whether or not Abita Springs has the legal right to enforce the Unified Development Code which was adopted by St. Tammany Parish.”
Helis and the Office of Conservation had also argued that Abita Springs’ lawsuit should have been filed in Baton Rouge and that it duplicates St. Tammany’s suit, which is pending in 19th Judicial District Court in Baton Rouge. Those arguments are moot because the town has no right to bring the suit, Knight wrote.
Helis spokesman Greg Beuerman said Friday the company was pleased with the dismissal of the lawsuit. “We now look forward to Monday’s hearing in the 19th Judicial District which we hope will allow us to move this important energy project one step closer to becoming a reality,” he said.
Lisa Jordon, an attorney representing Abita Springs, said she had no problem with the judge halting claims against the Office of Conservation, saying the town had offered to do just that. “With respect to the dismissal of Abita Springs’ claims against Helis Oil,” however, “we are disappointed with the court’s ruling and will consider our options.”
Helis wants to drill a vertical well on undeveloped land just north of Interstate 12 and east of Louisiana 1088, northeast of Mandeville. If the well data is promising, the company would seek state and federal approvals to drill horizontally and use the hydraulic fracturing, or fracking, process to crack a shale formation and release oil for extraction.
The company has a state drilling permit but needs a wetlands permit from the Army Corps of Engineers.
The drilling proposal, which surfaced last spring, has been controversial, with many citizens and some public officials opposing it on environmental grounds.
In his ruling, Knight made note of the intense debate: “To say that the project has aroused significant emotion and controversy is to mildly understate the situation.”
The parish’s lawsuit against the state Department of Natural Resources and its Office of Conservation is scheduled to be heard Monday in Baton Rouge before state Judge William Morvant.