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Louisiana high court vacates own ruling on ‘look back law’ for abuse claims, says it’s constitutional – OSV News

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Louisiana high court vacates own ruling on ‘look back law’ for abuse claims, says it’s constitutional – OSV News


NEW ORLEANS (OSV News) — In a 5-2 ruling June 12, the Louisiana Supreme Court reversed its earlier decision to scrap a “look back law” for abuse survivors and declared it to be constitutional.

The move could have a profound impact on several Catholic dioceses in the state that are already grappling with significant legal settlements and ongoing investigations.

On May 10, the Louisiana Supreme Court granted a rehearing on a March ruling that had overturned a “look back law” passed in 2021 and amended in 2022, which gave victims of child sexual abuse until June 14 of this year to file civil claims regardless of when the alleged abuse occurred. The Louisiana Legislature June 3 approved a Senate bill to extend the period another three years, until June 14, 2027.

The court’s 4-3 March ruling had found that law was at odds with the state constitution’s due process, prompting dismay from abuse survivors and advocates, and a filing for a rehearing from state attorney general Liz Murrill.

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The high court ruled that its original decree declaring the revival provision of the “look back law” to be unconstitutional “is vacated.”

“Given Louisiana’s legitimate interest in protecting its citizens who were sexually abused as minors and in providing them with the ability to seek redress in the courts, and the narrowly tailored nature of the relief provided … it is clear that defendants have failed to satisfy the ‘heavy burden’ of proving the unconstitutionality of the revival provision,” said Chief Justice John Weimer writing for the majority.

The ruling noted the legislation revived, “for a short period of time … a narrow category of tort victims.” The revival provision at issue “has been demonstrated to have a substantial relationship to public safety, morals and welfare,” Weimer wrote.

“The resolution here will not ‘open the floodgates’ of unrestrained legislative action, as every legislative action must comport with due process,” he continued. “This case is strictly limited to its facts, examining whether a singular legislative act, addressing a particular systemic societal problem, hidden from the public, and impacting children and touching on the public safety, morals and welfare, comports with due process.

“Each case must be tested on its own unique circumstances. In virtually every case this court is called on to resolve, each party predicts catastrophe and dire consequences should the opposing party prevail.”

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The case argued before the court that resulted in this ruling was against the Diocese of Lafayette, Louisiana, and St. Martin de Tours Catholic Church in St. Martinville, Louisiana. The plaintiffs — Douglas Bienvenu and several other complainants — filed suit in 2018 alleging they were sexually abused between 1971 and 1979 by Father Kenneth Morvant while they were altar servers at the parish. According to the plaintiffs, Father Morvant had plied the boys — who then ranged in age from 8 to 14 — with alcohol and gifts during “sleepovers” at the rectory before molesting them.

Father Morvant died in 2003 at age 72, having served at several Diocese of Lafayette parishes over some four decades. He is buried on the grounds of St. Martin de Tours.



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Louisiana

Louisiana considers opening recreational alligator hunting season

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Louisiana considers opening recreational alligator hunting season


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  • Louisiana lawmakers are considering a bill to create a recreational alligator hunting season.
  • The proposed season would be open to 5,000 lottery-selected hunters annually, with a two-gator limit.
  • Louisiana’s wild alligator population has grown to over 2 million, a significant conservation success.
  • Recreational hunters would be limited to using a hook and line from land.

Louisiana may expand its wild alligator harvesting opportunities to recreational hunters if the Legislature passes a bill that secured unanimous approval in a committee hearing March 11.

Franklin state Sen. Robert Allain’s Senate Bill 244 would authorize the Louisiana Wildlife Commission to create a recreational season that would be open to 5,000 hunters annually, each with a two-gator limit.

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The state already has a commercial hunting season for alligators, which is chronicled in the popular “Swamp People” TV reality series.

“We think the time is right,” Louisiana Department of Wildlife and Fisheries Secretary Tyler Bosworth testified during the Senate Natural Resources Committee hearing. “We want to provide a recreational opportunity for the common folk of Louisiana.”

Louisiana’s alligator population has exploded in the past 50 years from fewer than 100,000 to more than 3 million today. Of those, about 2 million are wild with another 1 million farmed.

That’s at least twice the population in Florida, the state with the second most number of alligators.

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And their Louisiana numbers have grown throughout the state where they can be commonly spotted from Lake Martin in Breaux Bridge to Caddo and Cross lakes in Shreveport to Caldwell Parish in northeastern Louisiana.

“This is a conservation success story on the highest level,” LDWF general counsel Garrett Cole said during the hearing. “This would create a true recreational opportunity outside our commercial season.”

Garrett said hunters would compete for hunting tags through a lottery will statewide opportunities. Recreational hunters would be limited to hook and line harvesting from land. No gators could be taken by boat as commercial hunters are allowed to do.

If approved, the first season could take place beginning Oct. 1.

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Greg Hilburn covers state politics for the USA TODAY Network of Louisiana. Follow him on Twitter @GregHilburn1.



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How a sinkhole caused a whirlpool and formed Louisiana’s deepest lake

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How a sinkhole caused a whirlpool and formed Louisiana’s deepest lake


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While Louisiana’s largest lake, the Toledo Bend Reservoir, spans 1,200 miles of shoreline, the state’s deepest lake only spans 1,125 acres.

Lake Peigneur is the deepest lake in Louisiana, with a depth measuring approximately 200 feet.

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Lake Peigneur is a brackish lake, meaning it contains saltwater but has less salinity than seawater, located in New Iberia Parish in South Louisiana.

How did Lake Peigneur become the deepest lake in Louisiana?

Lake Peigneur was not always considered the deepest lake in Louisiana, as it was only a 10-foot-deep freshwater lake 40 years ago.

On Nov. 20, 1980, an oil rig crew was attempting to free a 14-inch drill bit when they heard popping noises and the rig began to tilt. Shortly after the crew abandoned the rig and headed for shore, the crew watched the 150-foot oil rig disappear into the 10-foot-deep lake.

Soon, a whirlpool formed in place of the oil rig. The whirlpool grew rapidly until it was able to suck up nearby boats, barges, trees, a house and half an island.

At the same location of the oil drilling site, there was also a salt mine, and when the whirlpool formed after the oil rig collapsed, the mine began to fill with water. As the whirlpool grew, water was able to enter the mine at such a force that it caused a geyser to spew out of the mine’s opening for hours until the lake was drained.

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After the lake was emptied, the Delcambre Canal began to flow backward, marking the only time in history that the Gulf of Mexico flowed into the continental U.S. This backflow continued until the entire mine and lake were filled with water, except now the lake was filled with saltwater, according to an article published on Louisiana Tech Digital Commons.

Can you swim in Lake Peigneur?

Before the oil rig and salt mine accident, Lake Peigneur was a popular spot for fishing and recreational activities. However, since the lake is almost entirely surrounded by private property, visitors will have to enter the nearby Rip Van Winkle Gardens in order to get a closer look, according to Atlas Obscura.

While there are no reports indicating the lake is unsafe, the lake is not exactly developed for public access. However, there are things to do around Lake Peigneur, like visiting Rip Van Winkle Gardens on Jefferson Island, or visiting Avery Island to tour the Tabasco Factory.

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Presley Bo Tyler is a reporter for the Louisiana Deep South Connect Team for USA Today. Find her on X @PresleyTyler02 and email at PTyler@Gannett.com



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Officials confirm Pensacola Beach residue is algae, not oil from Louisiana spill

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Officials confirm Pensacola Beach residue is algae, not oil from Louisiana spill


PENSACOLA BEACH, Fla. — A local fisherman raised concerns about the substance now coating Opal Beach, citing a recent oil spill off the coast of Louisiana.

WEAR News went to officials with the Gulf Islands National Seashore and Escambia County to find out the cause.

They say it’s not related to an oil spill, but is in fact algae.

The Marine Resources Division says they can understand beachgoers’ concerns, and hope to raise awareness.

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“You don’t even want to get near it because it’s so gooey and sticky,” local fisherman Larry Grossman said. “It was accumulating on my beach cart wheels yesterday, and it felt like an oil product.”

Grossman messaged WEAR News on Monday after noticing something brown and oozy in the sand. He says it started showing up by Fort Pickens and stretched down to Opal Beach.

Grossman said a park service employee told him it could be oil from a recent spill in Louisiana. So he took a message to social media, sparking some reactions and raising questions.

“it certainly didn’t seem like an algae bloom because I was in the water, I caught a fish and I put some water in the cooler to keep my fish cool and it almost looked like oil in it,” Grossman said. “I know some people think it’s an algae bloom, but it certainly smelled and felt and looked like oil.”

A Gulf Islands National Seashore spokesperson confirmed to WEAR News on Tuesday that the substance is algae.

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WEAR News crews were at the beach as officials with the Escambia County Marines Resources Division came out take samples.

“What I found here washed up on the beach is some algae — filamentous algae, single celled algae — that washed ashore in some onshore winds,” said Robert Turpin, Escambia County Marines Resources Division manager. “This is the spring season, so with additional sunlight, our plants, they grow in warmer waters, with plenty of sunlight.”

Turpin says this algae is not harmful.

He also addressed the concerns that this could be oil, saying he’s familiar with what oil spills look like.

He says he appreciates when people like Grossman raise the concerns.

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“The last thing in the world we want is something to gain traction on social media that is faults in nature that could harm our tourism,” Turpin said. “Our tourism is very important to our economy, and we want to give the right information out to the public so we all enjoy the beaches and enjoy them safely.”

Turpin says if you see something or suspect something may be harmful on the beach, avoid it and contact Escambia County Marine Resources.



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