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Council issues five-year borrow pit permit to Midway Cattle Ranch while preserving appeal rights
Summary
The Plaquemines Parish Council approved a five‑year borrow pit permit for Midway Cattle Ranch and Crescent Excavation under a June 3, 2026 U.S. District Court order, while expressly reserving the Parish’s appellate rights and enforcement options pending the Fifth Circuit appeal.
The Plaquemines Parish Council voted unanimously on Aug. 13, 2026, to issue a new five‑year borrow pit permit to Midway Cattle Ranch, LLC and Crescent Excavation, LLC under Application No. 2025‑731 as required by a June 3, 2026 order of the U.S. District Court for the Eastern District of Louisiana.
The resolution’s digest states that "the Parish must follow the Court's order and cannot require Midway to comply with the 2012 Borrow Pit Ordinance's backfill requirement as a condition of this permit." The resolution also makes clear the Parish disagrees with portions of the district court ruling and is pursuing an appeal in the Fifth Circuit (case 26‑30403), while expressly reserving all rights, claims, defenses and appellate remedies.
Council Member Carlton M. LaFrance moved to approve the permit; Council Member Mitch Jurisich seconded. The roll‑call vote was recorded as all members present voting "YES." The resolution specifies the permit is subject to other provisions of the 2012 Borrow Pit Ordinance that remain effective under the court order and states that, "upon any stay, reversal, vacatur, modification, remand, or other disposition of the June 3, 2026 Order, the terms and conditions of this permit shall be subject to modification, supplementation, suspension, enforcement, or other lawful action by the Parish consistent with the mandate or other order of the federal courts and applicable Parish law."
The action resolves a long‑running dispute: the digest notes the Parish contends Midway’s prior permit expiration, alleged post‑expiration operations, and alleged health and safety violations amounted to noncompliance and that issuance of the permit does not waive the Parish’s appellate arguments. The Council recorded the adoption as Resolution No. 26‑245.
What happens next: the permit is in effect under the district court order while the Parish pursues its appeal. Any future change to the federal court mandate could prompt the Parish to modify or enforce permit conditions in accordance with court instructions.
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