Becoming a barrier to the progression of the Port of New Orleans’ ambitious $1.8bn container terminal project, the St. Bernard Parish District Attorney’s Office has lodged a sizeable lawsuit. Aimed at stymying the massive development endeavor, the suit argues that the terminal’s construction would wreak havoc on Violet’s harmony, unleashing significant environmental impact.
Cross-Border Contention
Presenting his case in the 34th Judicial District Court, District Attorney Perry Nicosia declared that the terminal project exceeds Port NOLA’s legal jurisdiction. Nicosia’s documents held that Louisiana state law confines Port NOLA to operating within its borders, barring it from intruding into the realm of St. Bernard Parish. This detail renders the Cooperative Endeavor Agreements, signed by ports to permit Port NOLA’s operations within the parish, legally baseless.
Legislation of Limitation: A Case of Infringed Authority
Nicosia further brought up the past legislation of 1992, carried by Senator Sammy Nunez, Representative, Thomas Warner, and Ken Odinet. These legislators – all St. Bernard Parish representatives – sanctioned a law that revoked all of Port NOLA’s authority over St. Bernard Parish, mandating that no other port could claim jurisdiction within the parish. His argument emphasizes that Louisiana law bars political subdivisions like the St. Bernard Port Authority from ceding their jurisdiction.
Critical Examination of the Agreement; Jurisdictional Limits
The lawsuit draws particular attention to the Cooperative Endeavor Agreement brought to life in December 2022. As per the terms of this agreement, the St. Bernard Port Commissioners consented to an exclusive operation of Port NOLA within St. Bernard Parish. Nicosia’s plea is to outlaw the agreement under Louisiana law, as it infringes upon the jurisdictional limits set out for a political subdivision like the St. Bernard Port.
Unresolved Issues Shadowing a Massive Project
The inception of the container terminal endeavor has been a source of unending dispute since Port NOLA’s 2020 acquisition of the Violet property. Deeming the terminal “overdue” in competing with other Gulf South ports, Port NOLA remains persistent. The project has also garnered the support of the present Governor John Bel Edwards and various development agencies, further intensifying the drama surrounding this multi-billion-dollar project.
