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Title: Judicial review of conservation orders

Abstract

Judicial review of orders issued by the Commissioner of Conservation may be sought under the authority of both Louisiana Revised Statutes 49:964 and Louisiana Revised Statutes 30:12. These statutes differ with respect to who may bring an action, the form of relief the reviewing court may grant, the scope of the evidence considered by the reviewing court, and the standards on the burden of proof. The application of laches under 30:12 is inconsistent with the 30-day delay periods provided by 49:964, and it is unworkable to the extent that it ignores the underlying need for finality of conservation orders. The continuing threat of subsequent court review destroys the credibility of the orders. Finality could be achieved under the current use of latches if a judicial determination established a definite length of reasonable delay. It is up to the legislature to correct the uncertainty introduced by 30:12. 91 references.

Authors:
Publication Date:
OSTI Identifier:
6691984
Resource Type:
Journal Article
Journal Name:
La. Law Rev.; (United States)
Additional Journal Information:
Journal Volume: 43:5
Country of Publication:
United States
Language:
English
Subject:
29 ENERGY PLANNING, POLICY AND ECONOMY; LOUISIANA; RESOURCE CONSERVATION; STATE GOVERNMENT; LEGAL ASPECTS; COURTS; LAWS; FEDERAL REGION VI; NORTH AMERICA; USA; 290400* - Energy Planning & Policy- Energy Resources

Citation Formats

Brown, Jr, R L. Judicial review of conservation orders. United States: N. p., 1983. Web.
Brown, Jr, R L. Judicial review of conservation orders. United States.
Brown, Jr, R L. 1983. "Judicial review of conservation orders". United States.
@article{osti_6691984,
title = {Judicial review of conservation orders},
author = {Brown, Jr, R L},
abstractNote = {Judicial review of orders issued by the Commissioner of Conservation may be sought under the authority of both Louisiana Revised Statutes 49:964 and Louisiana Revised Statutes 30:12. These statutes differ with respect to who may bring an action, the form of relief the reviewing court may grant, the scope of the evidence considered by the reviewing court, and the standards on the burden of proof. The application of laches under 30:12 is inconsistent with the 30-day delay periods provided by 49:964, and it is unworkable to the extent that it ignores the underlying need for finality of conservation orders. The continuing threat of subsequent court review destroys the credibility of the orders. Finality could be achieved under the current use of latches if a judicial determination established a definite length of reasonable delay. It is up to the legislature to correct the uncertainty introduced by 30:12. 91 references.},
doi = {},
url = {https://www.osti.gov/biblio/6691984}, journal = {La. Law Rev.; (United States)},
number = ,
volume = 43:5,
place = {United States},
year = {Sun May 01 00:00:00 EDT 1983},
month = {Sun May 01 00:00:00 EDT 1983}
}