NORETTA THOMAS AND DEMETRICE BUTLER EACH INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED v. WILBERT SONS INC AND XYZ INSURANCE COMPANY (2026)

The judgment provides that the decisions of LDEQ and USEPA are entitled to “deference.” Deference is not abdication. As noted by the court of appeal, the Groundwater Act provides the trial court with continuing jurisdiction to require future deposits to cover additional costs when and if needed, until remediation is complete.

This court's per curiam notes the “absence of any evidence” indicating LDEQ and USEPH have made recommendations for a modification in the implementation of the MNA remedy. It is difficult to present evidence without an evidentiary hearing. We note that nothing in our ruling prevents plaintiffs from “obtaining information” and re-urging their motion.

If the governmental agencies have not made a determination, there is nothing to defer to. If they have, their decision is entitled to deference but may be challenged in this civil action in a Louisiana district court.

Hughes, J., concurring.