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CPRA board to enter executive session over Mid-Barataria diversion litigation and contract/settlement strategy
Summary
The board announced an executive session to discuss multiple pending lawsuits, permit negotiations and settlement demands related to the Mid‑Barataria sediment diversion project, citing Louisiana Revised Statutes for closed deliberation.
The Coastal Protection and Restoration Authority Board voted unanimously to enter executive session to discuss pending litigation, permit negotiations and settlement strategy connected to the Mid‑Barataria sediment diversion project.
Interim Executive Director Clay Parker read the executive-session agenda, which cited Louisiana Revised Statutes authorizing closed meetings for attorney–client privilege and deliberative-process privilege. The listed items included two active lawsuits and several matters for legal advice and negotiation:
- Jurisich Oysters, LLC; AmeriPure Processing LLC; Matthew Tesovich; International Marine Mammal Project of Earth Island Institute; Alert Project of Earth Island Institute; and Earth Island Institute v. U.S. Army Corps of Engineers; U.S. National Marine Fisheries Service; and U.S. Fish and Wildlife Service, Civil Action No. 224CV00106, U.S. District Court for the Eastern District of Louisiana. The complaint alleges NEPA and APA claims against the Corps and Endangered Species Act claims against federal wildlife agencies.
- Plaquemines Parish Government v. Coastal Protection and Restoration Authority, Case No. 68‑526, 25th Judicial District Court (Plaquemines Parish), involving multiple intervenors. The parish alleges CPRA did not comply with local ordinances related to construction of the Mid‑Barataria diversion.
Parker also listed three recommended legal-advice items for discussion in executive session: a settlement demand and contract strategy concerning an AWA contractor; permit-status negotiations with the U.S. Army Corps of Engineers and the Louisiana Department of Natural Resources; and negotiation strategy with the Trustee Implementation Group (TIG), Louisiana TIG (LATIG) and the National Fish and Wildlife Foundation (NFWF) on resolutions, agreements or settlements. Parker cautioned that open discussion “would reveal legal advice and strategy and could thwart strategic negotiations of the public body.”
The board then conducted a roll call; every member present voted “yes.” Chairman Dove instructed attendees to clear the room and directed that persons who should remain be designated before the session began.
Ending: The board moved into executive session; the public portion of the meeting paused for closed deliberations on litigation and negotiation strategy.
