Enveloped within a groundswell of legal dispute is St. Bernard Parish DA’s office, asserting its stand against the Port of New Orleans in a ceaseless attempt to thwart the planned $1.8 billion container terminal. The lawsuit, taking center stage at the 34th Judicial District Court, alleges the prospective gargantuan shipping hub would wreak environmental havoc and sow chaos in the district of Violet.
St. Bernard Parish District Attorney, Perry Nicosia, has unveiled documents that question the legitimate jurisdiction of Port NOLA to erect a shipping establishment within St. Bernard Parish confines, as per Louisiana’s fundamental law. An explicit statement in the lawsuit discards the validity of the Cooperative Endeavor Agreements signed by the ports to sanction Port NOLA’s operations in the parish.
Resurfacing of Apparent Jurisdictional Dispute
The papers reveal the stripping of all Port NOLA jurisdiction in St. Bernard Parish, courtesy of legislation advanced in 1992 by regional political figures. Among them were then-Senator Sammy Nunez, then-Representative Thomas Warner, and then-Representative Ken Odinet, all hailing from St. Bernard Parish. Nicosia points to this quite emphatically, underlining that the 1992 decree conclusively determined no other port enjoys jurisdiction within St. Bernard Parish.
This lawsuit throws a spotlight on the murky ambiguity around the stipulations of Louisiana law, particularly the prohibition of a political entity, like The St. Bernard Port Authority, giving up jurisdiction contractually. It subsequently brings to the fore the incongruity surrounding the Cooperative Endeavor Agreement executed end-2022, whereby St. Bernard Port Commissioners granted Port NOLA exclusive operation rights within the parish.
Seeking Nullification of the Controversial Agreement
Nicosia implored the court to officially invalidate this agreement under Louisiana’s legal framework, arguing that a political entity like the St. Bernard Port is statutorily disallowed from contractually relinquishing jurisdiction. The container terminal project saga has been an ongoing point of contention since Port NOLA established property at Violet for construction in 2020.
The Future of the Terminal Project Hangs in Balance
While Port NOLA staunchly contends that the proposed container facility is a requisite “to allow it to compete with other Gulf South ports for big ship business”, it garners strong backing from high-ranking officials such as Governor John Bel Edwards and various development agencies. As the looming court battle unfolds, the future prospects of the anticipated terminal project hang in the balance.
