Supreme Court of Louisiana, 2016

Gossen v. Welsh

Supreme Court of Louisiana · Decided October 28, 2016 · Hughes, Reasons, Writ

203 So. 3d 1054 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Louisiana Environmental Action Network v. Welsh (La. Ct. App. 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

HUGHES, J.,

concurring in the denial of the writ.

| ]The denial of this writ leaves in place the ruling of the court of appeal. I write separately to emphasize the holding of the court of appeal that “the Commission ensured compliance with the governing administrative regulations when granting the permit order by not allowing construction of the proposed facility until LA Tank complied with La. Admin. Code, tit. 43, pt. XIX, § 507(A)(1). Plaintiffs’ argument that the location of various water wells prohibit compliance with this specific regulation has no merit as LA Tank still has not commenced construction on the proposed facility. Thus, the applicable regulation governing the location criteria for commercial *1055facilities has not been violated as the commissioner will not permit LA Tank to begin construction on the proposed facility until such evidence is presented to him that shows compliance with La. Admin. Code, tit. 49, pt. XIX § 507 (A)(1). (emphasis added).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.