Louisiana
EPA to Louisiana: Strengthen Baton Rouge air emission rules, or we will
Louisiana must strengthen rules over the release of ozone-creating nitrogen oxide air emissions by industries in the Baton Rouge area during startups, shutdowns and malfunctions, or the federal Environmental Protection Agency will write and enforce its own rules, the agency announced this week.
The recommended rule changes would affect nitrogen oxide emissions from power plants and industrial facilities in five Baton Rouge-area parishes that were considered in violation of federal ground-level ozone restrictions for decades before improvements allowed ozone levels to meet acceptable levels in 2015. The parishes are Ascension, East Baton Rouge, Iberville, and Livingston and West Baton Rouge.
The changes also would affect four nearby parishes whose own ozone levels were in attainment, but whose emissions affect air quality in the Baton Rouge-area parishes: East Feliciana, Pointe Coupee, St. Helena and West Feliciana.
In 2015, the EPA notified the state it was reducing the acceptable levels for emissions of nitrogen oxide and other ozone precursor air pollutants, and requested that Louisiana upgrade its plan for the high-ozone region to reflect the changes.
The Clean Air Act sets up a partnership between the EPA and states where the EPA establishes requirements for reducing emissions to safe levels, but leaves it to states to create their own implementation plans.
Louisiana submitted its plan in 2016. State officials revised it in 2017 to allow industries to either comply with the emission limits and operation standards at all times, including during startups and shutdowns — or to follow individually tailored “work practice standards” during periods of startup and shutdown, during which, EPA said, the limits could be exceeded.
In June, EPA published a notice in the Federal Register saying it found the state’s work practice standards provisions were too lenient. In this week’s decision, the federal agency refused to accept arguments by the state Department of Environmental Quality, Louisiana Chemical Association and Louisiana Mid-Continent Oil and Gas Association that attempted to support the way the work practice standards were being implemented.
The state and industry groups argue that the stringent limits followed during normal operations are either not achievable or cost too much for many utilities and industries to put in place during startups, shutdowns or malfunctions.
In its response, EPA said there may be some instances where that’s true. But the way Louisiana’s rules are written allow state officials to approve emission increases without EPA approval, in violation of federal law.
In some cases, EPA officials said, the state was assuming, without proof, that emissions during those periods would not be more than historic emission levels. In others, they said the rules did not require industries to use proven “maximum achievable control technologies” to reduce emissions during those periods, as required by the Clean Air Act.
“This final action will require Louisiana to fix the problem with these (state implementation plan) revisions within two years from the effective date of Jan. 8, 2024,” said Joseph Robledo, a spokesperson for EPA’s Dallas regional office. “Otherwise, EPA will issue a federal air plan for the state.”
Robledo said the state “has flexibility” in how it decides to meet the EPA’s requirements.
The LDEQ, which oversees the air emissions program for the state, does not know when it will respond to the filing, said spokesperson Gregory Langley.
“At this point, LDEQ has several options: pursue litigation, craft new startup/shutdown work practice standards, or require affected sources to comply with the emission factors in (the state law) at all times during the ozone season,” Langley said. “A decision on which way to go has not been made, but the second and third options would require rulemaking.”
“Our air people will analyze the LDEQ’s options and provide those, as well as a recommended action for management to consider,” he said.
The EPA mandate comes amid a change in administrations. Gov.-elect Jeff Landry will be sworn in on Jan. 8, and he has already named Aurelia Skipwith Giacometto, who served as secretary of the U.S. Fish and Wildlife Service in former President Donald Trump’s administration, to lead the LDEQ.
Both Landry and Giacometto have been critical of what they view as over-regulation of industry, saying it’s bad for the economy. And as attorney general, Landry has challenged in federal court several other EPA efforts to reduce Louisiana’s air emissions.
Louisiana
Louisiana prisons routinely hold inmates past their release date, Justice Department argues
Louisiana’s prison system routinely holds inmates for weeks or months after they were supposed to be released from custody following the completion of their sentences, the U.S. Justice Department said in a lawsuit filed Friday.
The lawsuit against the state comes after a multi-year investigation into a pattern of “systemic overdetention” that violates inmates’ rights and costs taxpayers millions of dollars per year.
Since at least 2012, more than a quarter of the inmates scheduled to be released from Louisiana prisons have been held past their release dates, according to the DOJ.
LOUISIANA LAWMAKERS WEIGHING CONSTITUTIONAL AMENDMENT THAT WOULD SEND MORE JUVENILE OFFENDERS TO ADULT JAILS
The Justice Department warned Louisiana officials last year that it may file a lawsuit against the state if it failed to fix the problems. Lawyers for the department argue that the state made “marginal efforts” to address the issues, noting that such attempts at a fix were “inadequate” and showed a “deliberate indifference” to the constitutional rights of inmates.
“[T]he right to individual liberty includes the right to be released from incarceration on time after the term set by the court has ended,” Assistant Attorney General Kristen Clarke said in a statement.
“To incarcerate people indefinitely … not only intrudes on individual liberty, but also erodes public confidence in the fair and just application of our laws,” the statement added.
Louisiana Gov. Jeff Landry and state Attorney General Liz Murrill, both Republicans, attributed the problem to the “failed criminal justice reforms” pushed by “the past administration.”
“This past year, we have taken significant action to keep Louisianans safe and ensure those who commit the crime, also do the time,” Landry and Murrill said in a joint statement to The Associated Press. “The State of Louisiana is committed to preserving the constitutional rights of Louisiana citizens.”
BIDEN CONSIDERS COMMUTING THE SENTENCES OF FEDERAL DEATH ROW INMATES: REPORT
The two state officials also purported that the lawsuit is a last-ditch effort by President Biden, who leaves office next month, arguing that President-elect Trump’s incoming administration would not have pursued the case.
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Advocates have repeatedly challenged the conditions in Louisiana’s prison system, which includes Angola, the largest maximum-security prison in the nation, where inmates pick vegetables by hand on an 18,000-acre lot. The site was once the Angola Plantations, a slave plantation owned by Isaac Franklin and named after Angola, the country of origin for many of the enslaved people who worked there.
The Associated Press contributed to this report.
Louisiana
Army Black Knights Predicted to Beat Louisiana Tech in Independence Bowl
The Army West Point Black Knights came up short in their last game, as they lost their annual rivalry matchup against the Navy Midshipmen 31-13 to lose the Commander-in-Chief’s Trophy.
But, their season is not yet over, as they will have a chance to finish things on a high note in the Independence Bowl against a new opponent; the Louisiana Tech Bulldogs.
Originally, the Black Knights were supposed to face off against the Marshall Thundering Herd, but a change had to be made after they experienced a mass exodus of players entering the transfer portal following a coaching change.
Based on records, the quality of the opponent would seem to have dropped off considerably. Marshall had 10 victories, while Louisiana Tech had only five.
But, Adam Rittenberg of ESPN still believes that this will be a competitive game in Shreveport, La. in the Bulldogs’ backyard. Louisiana Tech is in Ruston, La., 70 miles away from Shreveport.
He predicted that Army will sneak away with a 23-16 victory.
“he Bulldogs have half the number of wins as the Thundering Herd, but their defense can be very stingy at times, and will need to perform against Bryson Daily and the Black Knights. … Army is undoubtedly still smarting from the Navy loss, and top running back Kanye Udoh entered the portal. Louisiana Tech jumps ahead early behind quarterback Evan Bullock, but Army eventually takes control and grinds out a low-scoring win, its 12th on the season.”
Rittenberg pointed out that several of LA Tech’s defensive linemen have entered the transfer portal. Udoh just announced his transfer to Arizona State.
This has already been one of the best seasons in program history, as they reached the 11-win mark only one other time in 2018. But, an argument can be made this is their best season since it won its last national championship because it was not independent.
The Black Knights were a member of the American Athletic Conference, the first time since 1998-2004 that they weren’t independent as a member of Conference USA. They found a ton of success, going 8-0 in the regular season before defeating the Tulane Green Wave in the AAC Championship Game in West Point, New York.
Army has shown an ability to grind out wins, playing a physical style of football on both sides of the ball. Daily is the leader offensively, producing with his arm and legs at a high level.
He threw for 942 yards with nine touchdowns and only four interceptions, three of which came in the matchup against Navy. On the ground, he led the AAC with 283 carries, 1,532 yards and 29 scores.
His 29 rushing touchdowns were the most in the country, as he won the 2024 AAC Player of the Year Award.
The Black Knights would love to see Daily provide one more memorable performance to help the team reach the 12-win mark for the first time in program history.
Louisiana
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