Vanguard files permit suit against parish

Vanguard Environmental LLC, a scientific technical corporation that helps oil industry companies comply with environmental regulations through waste disposal, filed a lawsuit against Terrebonne Parish and the state of Louisiana last week in Baton Rouge. A citation was delivered to Terrebonne Parish President Michel Claudet last Wednesday, slightly more than six hours before the parish council convened in regular session.

During February, the council had unanimously agreed to uphold a Terrebonne Parish ordinance that requires saltwater injection wells not be located within one mile of residential areas. State regulations require a distance of only 500 feet.

Vanguard contended at that time that locating the well on its own property at 725 La. Highway 182 in Houma should receive special consideration and have the parish ordinance waived. The council, after weeks of discussion and public resistance, disagreed.

Terrebonne Parish Councilman Johnny Pizzolatto (R-Dist. 5) had originally supported Vanguard’s efforts for the injection well property use within the district he represents.

However, after a packed council chamber of constituents and citizens from neighboring areas voiced their opposition, Pizzolatto said he would withdraw his support of the project based on needing to comply with the wishes of the people he represents. Pizzolatto also predicted that standing by the strict ordinance would result in litigation.

According to the Petition for Declaratory Judgment, Vanguard wants a declaratory judgment to rule that the Terrebonne and Louisiana ordinances regarding saltwater injection wells are unconstitutional and have no effect regarding permitting, location and operation of saltwater injection wells.

Significant to the lawsuit was the fact that it was filed in the 19th Judicial District Court in East Baton Rouge Parish. Claudet said the question at this point is a matter of venue for court proceedings.

“I think we will be able to question the venue portion so we will be able to move the suit to Terrebonne Parish since it really only affects the Terrebonne Parish ordinance,” Claudet said. “Obviously, any state court would have jurisdiction. Only a few would have venue and we believe Houma is the proper venue.”

Claudet said there is no constitutionality of the state ordinance overriding the tougher parish rule regarding injection well placement.

“Our law will be tested,” Claudet said. “We will vigorously make sure that our ordinance is upheld. Venue in Terrebonne, instead of East Baton Rouge, would be significant.”

Terrebonne Parish has until July 6 to respond to the petition or risk a judgment rendered against it without notice.

Vanguard Environmental LLC operates out of Houma and filed a lawsuit against Terrebonne Parish and the State of Louisiana over regulations preventing it from establishing a new saltwater injection well. MIKE NIXON