Louisiana
Louisiana judge ends pause on new natural gas exports, but future expansion still in question
A federal judge in southwest Louisiana ended the Biden administration’s pause on approving new liquified natural gas export plants on Monday, siding with 16 Republican Attorneys General.
The lawsuit was one of several launched against the U.S. Department of Energy after the agency announced it would temporarily halt approval of new gas export permits in January. The pause came as the federal agency looked to reassess whether the boom in U.S. gas export development is in the public’s interest, including its impacts on the climate.
Louisiana Attorney General Liz Murrill led the lawsuit, joined by Alabama, Alaska, Arkansas, Florida, Georgia, Kansas, Mississippi, Montana, Nebraska, Oklahoma, South Carolina, Texas, Utah, West Virginia and Wyoming.
In his decision, District Court Judge James Cain, Jr. opposed the pause, calling it “completely without reason or logic.” The reversal marks a win for Republican officials and industry advocates pushing for the U.S. to sell its gas globally.
“This is great news for Louisiana, our 16 state partners in this fight, and the entire country. As Judge Cain mentioned in his ruling, there is roughly $61 billion dollars of pending infrastructure at risk to our state from this illegal pause,” Attorney General Liz Murrill said. “LNG has an enormous and positive impact on Louisiana, supplying clean energy for the entire world, and providing good jobs here at home.”
A climate legal battle
Cain largely agreed with much of the coalition’s arguments in his ruling, though he dismissed 13 of the lawsuit’s 16 allegations against the Biden administration. He found enough substance in the states’ argument that the pause might be outside the energy department’s statutory authority and may have violated the Congressional Review Act.
Some experts say the injunction could be challenged and reviewed by the Fifth Circuit Court of Appeals, though the Department of Energy didn’t respond when asked about its next steps.
Cain, a Trump appointee, tried to overturn another climate measure by the Biden administration in 2022. That Louisiana-led lawsuit tried to prevent the federal government from updating its estimate of the cost of the damage from emitting greenhouse gasses into the atmosphere, a metric known as the social cost of carbon. The Fifth Circuit Court ultimately overruledCain and dismissed the state’s lawsuit in 2023.
That could happen with this ruling as well, said Dan Grossman, the Environmental Defense Fund’s Associate Vice President of Global Energy Transition. But, even if it doesn’t, Grossman said the lack of a pause is unlikely to have any practical consequences. Any LNG export permits approved now would take years before the facility is constructed and the first gas shipment is sent overseas.
“But I think the message that it’s sending – which is we just need to produce and export, produce and export without considering these issues that are clearly within the public interest – is misguided,” Grossman said.
With or without the pause, the Department of Energy will continue updating its review of whether the export of natural gas is in the public interest. The agency said it’s comprehensively reviewing the impacts to the climate, domestic economy, public health, and other factors. In the six years since the Department of Energy’s last public interest review, U.S. exports of natural gas have exploded.
The country is now the world’s largest exporter of natural gas, with export capacity expected to triple by 2030 as more export plants either expand or come online. It’s also the world’s largest natural gas producer, and Grossman said the country needs a deeper understanding of the global impact of U.S. natural gas development.
“If we’re comfortable being the largest fossil energy producer, and we’re serious about addressing climate change, then analyses like this absolutely have to happen,” he said.
White House Press Secretary Karine Jean-Pierre saidthe Biden administration was disappointed by the ruling but will continue to make climate change a priority.
“While congressional Republicans and their allies continue to deny the very existence of climate change, President Biden is committed to combating the climate crisis with every resource available,” Jean-Pierre said.
Though natural gas burns more cleanly than coal, leaking methane — a climate superpolluter — throughout the whole process from drilling to piping to shipping could mean U.S. gas is as dirty if not dirtier than coal.
The ruling came as much of the U.S. is dealing with a protracted, sweltering heat wave reminiscent of summer 2023 — which was deemed the hottest summer on record, possibly even in 2000 years. Last summer signaled the impact that greenhouse gas emissions are having on the planet and forecasters suspect this year’s will be similar.
Ground zero for LNG
The Gulf Coast is at the center of the push to build more liquified natural gas export terminals. More than a dozen have been proposed in southwest Louisiana and east Texas.
Breon Robinson, a Lake Charles native and organizer with Healthy Gulf, is one of the people living in the heart of the LNG buildout. Though she supported the pause on new development, she agreed with Grossman that the ruling isn’t a big loss.
“Everything that was already here, everything that has already continually destroyed and made communities in this area sacrifice zones, it just continued work as usual,” she said.
After watching the Supreme Court overturn major precedents like the Chevron doctrine and other decisions over the past few weeks, Robinson said Cain’s ruling didn’t come as a surprise. She is more focused on the energy department’s review. She hopes it results in a meaningful decision that helps mitigate the changing climate. Lake Charles is both a hub for the oil and gas industry and deeply vulnerable to the increasingly extreme weather like hurricanes.
“It’s becoming like a state of emergency,” Robinson said. “It’s getting to a point where these natural disasters are becoming … stronger to where you’re telling people that it’s gonna just be too fast, where people just have to sit in place instead of move to safety.”
The Department of Energy hasn’t provided an update on its review, though it’s expected to be complete by next January after the election in November. Environmental and industry advocates alike are still waiting to weigh in on the department’s assessment.
Louisiana
MS Goon Squad victim arrested on drug, gun charges in Louisiana. Bond set
Victims speak on ‘Goon Squad’ sentencing
‘Goon Squad’ victims Michael Jenkins and Eddie Parker speak during a press conference after the sentencing at the Rankin County Circuit Court in Brandon, Miss., on Wednesday, April 10, 2024.
Eddie Terrell Parker, one of two men who settled a civil lawsuit against Rankin County and the Rankin County Sheriff’s Department in the “Goon Squad” case, was arrested Wednesday, Dec. 17, and is being held in a northeast Louisiana jail on multiple charges.
Louisiana State Police Senior Trooper Ryan Davis confirmed details of the incident to the Clarion Ledger via phone call on Friday, Dec. 19.
Davis said Parker was traveling east on Interstate 20 in Madison Parish, Louisiana, when a trooper observed Parker committing “multiple traffic violations.” Davis said the trooper conducted a traffic stop, identified themselves and explained the reason for the stop.
Parker was allegedly found in possession of multiple narcotics, along with at least one firearm.
Parker was booked around 8 p.m. Wednesday into the Madison Parish Detention Center in Tallulah, Louisiana, on the following charges, as stated by Davis:
- Possession of marijuana with intent to distribute
- Possession of ecstasy with intent to distribute
- Possession of methamphetamine with intent to distribute
- Possession of cocaine with intent to distribute
- Possession of drug paraphernalia
- Possession of a firearm in the presence of a controlled substance
- Possession of a firearm by a convicted felon
Details about the quantity of narcotics found in Parker’s possession were not immediately available.
Davis told the Clarion Ledger that Parker received a $205,250 bond after appearing before a judge.
Parker, along with another man named Michael Jenkins, was tortured and abused on Jan. 24, 2023, at a home in Braxton, at the hands of six former law enforcement officers who called themselves “The Goon Squad.” Parker and Jenkins filed a lawsuit in June 2023 against Rankin County and Rankin County Sheriff Bryan Bailey.
Each of the six former Mississippi law enforcement officers involved in the incident are serving prison time for state and federal charges. Those officers were identified as former Rankin County deputies Brett McAlpin, Hunter Elward, Christian Dedmon, Jeffrey Middleton and Daniel Opdyke, and former Richland police officer Joshua Hartfield.
Court documents show U.S. District Judge Daniel P. Jordan III issued an order on April 30 dismissing a $400 million lawsuit brought by Jenkins and Parker, saying that the two men had reached a settlement with the county and Bailey. Jenkins and Parker sought compensatory damages, punitive damages, interest and other costs.
According to court records, the case was dismissed with prejudice, meaning it cannot be refiled. However, the order stated that if any party fails to comply with settlement terms, any aggrieved party may reopen the matter for enforcement of the settlement.
Jason Dare, legal counsel for the Rankin County Sheriff’s Department, stated the settlement agreement totaled to $2.5 million. According to Dare, the settlement was not an admission of guilt on the county’s or the sheriff’s department’s part.
Pam Dankins is the breaking news reporter for the Clarion Ledger. Have a tip? Email her at pdankins@gannett.com.
Louisiana
Port of South Louisiana welcomes new leadership
The Port of South Louisiana on Thursday announced that Julia Fisher-Cormier has been selected as its new executive director.
The announcement follows a national search and a unanimous vote of a…
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Louisiana
AG Liz Murrill’s office can hire husband’s law firm to defend death sentences, court rules
Attorney General Liz Murrill’s office can employ the Baton Rouge law firm where her husband is a partner to help the agency defend death sentences, the Louisiana Supreme Court ruled Tuesday.
The decision in the case of condemned inmate Darrell Draughn of Caddo Parish clears the way for Murrill’s office to employ the Taylor Porter firm in other capital post-conviction cases as well.
Murrill has stepped into a host of post-conviction cases involving death row prisoners since Louisiana resumed executions in the spring after a 15-year hiatus. The Republican attorney general has said she’s intent on speeding up their path to the execution chamber, and a recent state law that Murrill supported forces many long-dormant challenges forward.
With the ruling, Taylor Porter attorneys are expected to enroll in more capital post-conviction cases for the attorney general. The firm currently represents the state in four such cases, according to Murrill’s office, under a contract that allows it to charge up to $350 hourly.
Among them is the case of former New Orleans Police Department officer Antoinette Frank, the only condemned woman in Louisiana.
Murrill’s husband, John Murrill, is one of about three dozen partners in the Taylor Porter firm. Capital defense advocates argued that the arrangement amounts to a conflict of interest.
Ethics experts say state law requires a higher stake than John Murrill’s 2.7% share of Taylor Porter to amount to a conflict. The state Ethics Board agreed in an advisory opinion in June, which the high court cited in its opinion.
The Louisiana Supreme Court earlier this year cleared Murrill’s office to represent the state in capital post-conviction cases when a district attorney requests it. Its ruling on Tuesday makes clear that the attorney general can outsource the work.
“Taylor Porter has been selected by the Attorney General pursuant to her clear statutory authority to hire private counsel to defend the warden and state. There is little as fundamental to a litigant as one’s ability to select the counsel of your choice,” the court stated.
Murrill says the government work done by Taylor Porter has been carved out from their income since she took office early last year.
“Neither my husband nor I profit off of this work. We won’t be deterred from our mission to see that justice is served, despite frivolous bad faith attacks from anti-death penalty lawyers,” Murrill said Tuesday in a statement.
Defense advocates, however, point to reduced funding for capital defense and a higher workload under the deadlines of the new state law. They say the state is paying outside lawyers at three times the rate of capital appeals attorneys.
“It’s just outrageous,” said James Boren, immediate past president of the Louisiana Association of Criminal Defense Lawyers.
“What is absurd is after the attorney general and governor and legislature decrease funding for capital defense, increase the workload, decrease the amount of time to do it, the attorney general’s husband’s law firm is awarded a contract for hundreds of thousands of dollars for less work.”
Prosecutors and capital defense attorneys both say it’s unusual to see a private law firm step into a post-conviction proceeding for the state. Taylor Porter is one of three contractors doing post-conviction work for Murrill’s office, according to state records show.
While the court freed the firm, one of its lawyers remains barred from representing Murrill’s office on those cases. The ethics board found that Grant Willis, who previously led appeals for the attorney general, must sit out for two years. The blackout period for Willis ends next month.
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