The state has lost the latest round in a long-running legal dispute with the Federal Emergency Management Agency over more than half a billion dollars worth of reimbursement it is seeking from the federal government for restoration work on offshore barrier islands.
FEMA has resisted paying the state for the work, which has already been completed.
In a Jan. 31 ruling, U.S. District Judge Brian Jackson denied the state’s request to force an arbitration hearing on the matter. Last April, a federal arbitration panel refused to hear the dispute, which concerns the state’s request for $586 million to rebuild the beaches on 16 barrier islands that were damaged in hurricanes Katrina and Rita.
The state filed its lawsuit against FEMA after the panel’s denial for an arbitration hearing.
Jackson’s ruling does not end the dispute, which dates back to 2013. Rather, the judge ruled that the state can essentially refile its claims with FEMA through a different administrative procedure.
In a prepared statement today, the state’s Coastal Protection and Restoration Authority suggests it will do so, though attorneys for the agency decline to comment on specifics.
“Although disappointed by the Court’s recent ruling, CPRA remains committed to the restoration of Louisiana’s System of Barrier Islands that were devastated by Hurricanes Katrina and Rita,” the statement says. “CPRA maintains that this system of islands is entitled to Public Assistance under the Stafford Act, and claims are still pending regarding the Barrier Islands. The funding sought is for future projects that are necessary to restore the damages sustained. CPRA is considering its rights in light of the recent ruling and its mission to protect Louisiana’s coastline, wetlands, wildlife and the life and property of Louisiana’s citizens. As this matter remains pending litigation, there will be no further comment at this time.”
The arbitration request and subsequent lawsuit centered on reimbursement the state was seeking for work it did to restore 28 million cubic yards of sand on 16 barrier islands in Terrebonne, Lafourche, Jefferson and Plaquemines parishes. The islands are part of the state’s Coastal Barrier Protection System and are considered critical to protecting the coast from storm surge and further erosion.
—Stephanie Riegel
