January 19, 2024

Louisiana Court Upholds Project Air Permits

A five-judge panel of the Louisiana Court of Appeal, First Circuit, issued its ruling on January 19, 2024 reversing the judgment issued by former Judge Trudy White of the 19th Judicial District Court and reinstating LDEQ’s decision to grant FG’s air permits. Judge White’s judgment vacating the air permits is reversed, and FG’s permits are valid once again.

Janile Parks, director of community and government relations for FG LA LLC issued the following statement regarding the court’s ruling: “Today’s results assure FG’s permits issued by LDEQ remain active and further enable LDEQ to broaden the reasoning for its decision to award the permits. LDEQ provided a robust and detailed Basis for Decision and Response to Comments in which it fully explained its reasons for approving FG’s Sunshine Project in St. James Parish. Today’s decision by the Louisiana First Circuit Court of Appeal correctly affirmed LDEQ’s decision to issue FG’s permits.

We strongly agree with the First Circuit’s ruling. We believe the permits issued to FG by LDEQ are sound and the agency properly performed its duty to protect the environment in the issuance of those air permits. FG received its air permits from the LDEQ in January 2020. After a thorough analysis of FG’s permit application, the LDEQ found the proposed project met all state and federal standards designed to protect the health and safety of FG employees, the St. James community, and the environment with an added margin of safety. FG has been, and will continue to be, transparent in providing information on The Sunshine Project, and intends to construct and operate it to meet all state and federal standards.”