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	<title>Top News &#8211; New Orleans&#039; Multicultural News Source | The Louisiana Weekly</title>
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		<title>These new La. laws take effect in 2025</title>
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		<pubDate>Mon, 30 Dec 2024 18:52:51 +0000</pubDate>
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		<description><![CDATA[By Athina Morris Contributing Writer (Special from WWNO–FM) — Gas stations won’t be able to sell hemp products anymore. Laid-off workers won’t get as many<br /><br /><a href="http://www.louisianaweekly.com/these-new-la-laws-take-effect-in-2025/">Continue Reading </a> &#187;]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><strong>By Athina Morris</strong><br />
<em>Contributing Writer</em></p>
<p><strong>(Special from WWNO–FM) —</strong> Gas stations won’t be able to sell hemp products anymore. Laid-off workers won’t get as many unemployment benefits and Louisiana will have a new income tax rate when a slew of bills become law on Jan. 1, 2025.<span id="more-92019"></span></p>
<p>State lawmakers passed dozens of laws this year during the regular legislative session, and three special sessions on redistricting and criminal justice and tax reform.</p>
<p>The laws will have an impact on voters, taxes, unemployment benefits and the hemp and seafood industries.</p>
<p>Here are some of the major new Louisiana laws that will go into effect in 2025.</p>
<p><strong>Absentee voting</strong><br />
Act 317 / SB218 puts more restrictions on absentee voting. Only immediate family members can submit mail-in ballots on a voter’s behalf. No person, organization or entity can distribute absentee ballot forms to any voter who has not requested the application. Seniors and people with disabilities must reapply for absentee ballots every four years.</p>
<p><strong>Ankle monitoring regulations</strong><br />
Act 746 / HB874 requires electronic monitoring service providers and manufacturers to register with law enforcement and submit monthly reports on the defendants they monitor.</p>
<p><strong>Car insurance discounts for military</strong><br />
Act 173 / SB 337, expands the state’s 25 percent auto insurance discount to include military reservists, retired military members, and certain veterans.</p>
<p><strong>Hemp regulations </strong><br />
Act 752 / HB952, tightens regulations on the state’s hemp industry. The law sets new serving size limits on THC products like gummies and seltzers, bans the sale of flower hemp products and also prohibits the sale of hemp-THC products to anyone under 21. Hemp products can no longer be sold at gas stations.</p>
<p><strong>Income tax</strong><br />
Act 5 / HB2, passed during the governor’s special session on taxes, lowers Louisiana’s corporate income tax rate from 7.5 percent to 5.5 percent. A flat 3 percent rate will be applied to individual income taxes.</p>
<p><strong>Non-compete agreements for doctors</strong><br />
Act 273 / SB165 limits non-compete clauses in physician contracts to a maximum of five years, depending on specialty. If the doctor ends the contract before the first five years are up, they could be barred from practicing medicine within their employer’s parish and two neighboring parishes, for up to two years.</p>
<p><strong>Seafood labeling </strong><br />
Act 148 / SB166 aims to improve transparency in the seafood industry. Restaurants, seafood markets, and grocers selling imported crawfish or shrimp are required to post disclaimers on menus or business entrances. Businesses are prohibited from making misleading claims about seafood being sourced from the U.S.</p>
<p><strong>State employment requirements</strong><br />
Under Act 655 / HB566, applicants will no longer have to hold a bachelor’s degree or have more than three years of relevant experience unless the position is senior-level or requires specialized knowledge.</p>
<p><strong>Unemployment benefits</strong><br />
Currently, unemployed individuals qualify for up to 26 weeks of government benefits, but under Act 412 / HB119, they’ll only be eligible for up to 20 weeks. The exact duration depends on the unemployment rate, with the maximum set at 20 weeks if the rate reaches 8.5 percent. If it dips below five percent, workers will only qualify for up to 12 weeks of benefits.</p>
<p><strong>Voting</strong><br />
Act 500 / SB436, requires you to provide proof of citizenship when registering to vote. The Secretary of State’s Office will determine what documentation will be required to show proof of citizenship.</p>
<p><strong>Other laws set to go into effect on Jan. 1, 2025.</strong><br />
<strong>Campaign Finance</strong><br />
Act 664 / HB906: Makes revisions to the Campaign Finance Disclosure Act.</p>
<p><strong>Children And Families</strong><br />
   Act 86 / HB773: Provides for the schedule of basic child support obligations.<br />
   Act 448 / HB770: Provides for the schedule of basic child support obligations.<br />
   Act 515 / SB312: Provides for the Adoption Awareness Act.</p>
<p><strong>Commercial Regulations</strong><br />
Act 656 / HB577: Prohibits social media companies from collecting data to use for targeted advertising to minors.</p>
<p><strong>Elections</strong><br />
Act 550 / HB221: Provides relative to recall petitions.</p>
<p><strong>Ethics</strong><br />
Act 282 / SB30: Provides relative to annual financial disclosure statements by certain elected officials and public servants.</p>
<p><strong>Health</strong><br />
Act 357 / SB463: Creates the Louisiana Dental Loss Ratios for Dental Healthcare Services Plans Act.</p>
<p><strong>Insurance</strong><br />
Act 9 / HB611: Provides relative to homeowners’ insurance and termination of certain policies.<br />
Act 173 / SB 337: Provides for a premium discount for certain military personnel.<br />
Act 175 / SB 345: Provides for an extension for premiums due for homeowners’ policies.</p>
<p><strong>Licensing</strong><br />
Act 786 / HB679: Provides relative to auctioneers.</p>
<p><strong>Local Government</strong><br />
Act 713 / HB596: Provides relative to the election of home rule charter commissions.<br />
Act 713 / HB596: Provides relative to billing for services by the New Orleans Sewerage and Water Board.<br />
Act 414 / HB152: Provides relative to a Community Development District in St. Tammany Parish.</p>
<p><strong>Medical Marijuana</strong><br />
Act 693 / HB376: Provides relative to the regulation of medical marijuana.</p>
<p><strong>Motor Vehicles</strong><br />
Act 563 / HB494: Provides relative to special identification cards for children.</p>
<p><strong>Occupational Safety</strong><br />
Act 516 / SB332: Repeals the Occupational Licensing Review Commission. This eliminates the commission which supervised licensing boards.</p>
<p><strong>Property</strong><br />
Act 158 / SB23: Provides for the Planned Community Act.</p>
<p><strong>State Funds</strong><br />
Act 723 / HB 786: Provides for the transfer, deposit, and use of monies among state funds.</p>
<p><strong>Taxes</strong><br />
Act 578 / HB921: Limits the determination of fair market value of certain real property by an assessor under certain circumstances.</p>
<p><strong>Utilities</strong><br />
Act 75 / HB397: Provides relative to the Louisiana Underground Utilities and Facilities Damage Prevention Law.</p>
<p><em>This article originally published in the December 30, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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		<title>Lawmakers ponder ‘tort reform’ rebrand to fix car insurance crisis in Louisiana</title>
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		<pubDate>Mon, 23 Dec 2024 16:52:16 +0000</pubDate>
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		<description><![CDATA[By Wesley Muller Contributing Writer (lailluminator.com) — As Louisiana lawmakers continue to study solutions for the state’s out-of-control car insurance premiums, they’re also considering some<br /><br /><a href="http://www.louisianaweekly.com/lawmakers-ponder-tort-reform-rebrand-to-fix-car-insurance-crisis-in-louisiana/">Continue Reading </a> &#187;]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><strong>By Wesley Muller</strong><br />
<em>Contributing Writer</em></p>
<p><strong>(lailluminator.com) —</strong> As Louisiana lawmakers continue to study solutions for the state’s out-of-control car insurance premiums, they’re also considering some creative rebranding to try to generate new support to curtail personal injury lawsuits. <span id="more-91956"></span></p>
<p>“It’s a three-alarm fire,” Louisiana House Speaker Pro Tempore Mike Johnson, R-Pineville, said during a House Insurance Committee hearing last week.</p>
<p>It was the latest among a series of meetings the Legislature has held to research the causes and potential solutions to the state’s property insurance crisis. Although the crisis involves both vehicle and homeowner insurance coverage, the hearing focused on the vehicle coverage rates in Louisiana, which are the third highest in the nation, according to Bankrate.  </p>
<p>Evidence and data presented so far to lawmakers points to a familiar legislative path to rein in what they and others see as a lucrative market for personal injury lawsuits in Louisiana. </p>
<p>Similar efforts of the past have gone by the name “tort reform.” </p>
<p>A tort is a wrongful act that causes someone to suffer a loss or a harm that often becomes the basis of a lawsuit. In general, tort reform legislation targets areas of civil law that some believe give plaintiffs an unfair advantage in lawsuits. </p>
<p>When a researcher told members of the committee that tort reforms in Florida showed success in lowering insurance rates there, Johnson wondered aloud about whether a rebranding of “tort reform” might be in order for Louisiana. </p>
<p>Some alternatives he and others have floated include “lawsuit abuse reform” or “truth in payments.” </p>
<p>“I just want it to be honest labeling so people understand what it is,” Johnson, a lawyer who used to defend insurance companies, said in a post-meeting interview.</p>
<p>Previous tort reform efforts in Louisiana in 2020 underwent similar rebranding as “civil justice reform.”</p>
<p>Regardless of what it’s called, tort reform doesn’t have the best track record in Louisiana. The 2020 legislation ushered in under former Insurance Commissioner Jim Donelon failed to lower premiums as its supporters promised. </p>
<p>In 2021, Louisiana drivers paid an average of $2,399 per year for full coverage car insurance. That number has jumped nearly 27 percent to an average of $3,036 per year in 2024 so far, according to market analysis from online agent Insurify, which publishes aggregate price data from over 100 insurance underwriters.   </p>
<p>Ben Riggs, executive director of Real Reform Louisiana, a group that has long opposed tort reform and argues for more accountability from insurance companies, criticized the talk of rebranding when asked about it in a phone interview.<br />
“Efforts to rebrand tort reform are a tacit admission that tort reform has failed to lower insurance rates in Louisiana and made it harder to hold bid insurers accountable,” Riggs said. “We do not need cosmetic changes. We need real insurance reforms that lower costs and strengthen consumer rights.”</p>
<p>Rep. Brian Glorioso, R-Slidell, said the 2020 tort reform legislation was overrated because it only applies to cases going to trial, which lawyers on both sides of the issue say is only a small percentage of cases. Glorioso, who was elected to the House last year, is a civil law attorney who has represented both plaintiffs and defendants in personal injury suits. </p>
<p>“I never thought that bill was ever going to do anything,” he said.</p>
<p>Tort reform has been generally difficult to pass in a Legislature that, despite its pro-business Republican supermajority, also counts many civil litigators among its members. Some recent reform efforts in the spring stalled or were watered down under opposition from Republican Gov. Jeff Landry, who received large campaign contributions from a cohort of wealthy Louisiana trial lawyers. Landry even vetoed one of the bills his party placed on his desk, replying with a lengthy rebuke of the bill and of the 2020 tort reform legislation. </p>
<p>One reform lawmakers have previously tried and failed to enact was a bill to eliminate the Housley presumption, a standard of evidence the Louisiana Supreme Court created for auto accidents, medical malpractice and other injury lawsuits through a precedent-setting 1991 case, Housley v. Cerise. </p>
<p>In a nutshell, the Housley presumption says courts should assume a plaintiff’s injuries resulted from the accident in question if they were in good health beforehand. </p>
<p>Some lawmakers have blamed Housley for excessive litigation in Louisiana and will likely move to address the case law again during the next legislative session. </p>
<p>Johnson said the presumption places the burden on the defendant – and their insurer – to try to prove they did not cause the plaintiff’s injury.</p>
<p>Glorioso said Johnson’s assessment is technically “not incorrect,” but he said Housley is not really as broad or impactful as it sounds. He said he has mostly seen it play a role in “bumper tap” cases involving small but quick payouts for minor injuries that doctors can only subjectively diagnose.</p>
<p>Eliminating or weakening the presumption would require plaintiffs to provide more objective evidence to show that their injuries actually stem from the accident for which they are suing, Glorioso said. </p>
<p>However, one possible consequence of that is it could make it difficult for some legitimate accident victims to recover damages, he said.</p>
<p>“It’s always a balancing act where you’re trying to craft legislation that only goes against the bad actors and doesn’t affect people who are legitimately hurt,” Glorioso said.</p>
<p>Others believe lawmakers are on the wrong path with tort reform. Sen. Royce Duplessis, D-New Orleans, who also practices personal injury law, has repeatedly pointed to what he says is a lack of data showing a causal relationship between litigation and high car insurance rates.</p>
<p>Louisiana and many other states allow insurance companies to treat their rate algorithms as confidential proprietary information, which has made outside research challenging. Lawmakers also haven’t pressed insurers very much to disclose the variables that cause rates to fluctuate according to zip code.</p>
<p>“It would seem to me it’s impossible to address skyrocketing insurance rates without knowing how those rates are made,” Riggs said in a previous interview. </p>
<p>Regardless of the merits of tort reform, Glorioso agreed the term is vague and carries baggage that lawmakers will probably try to rectify with some kind of rebranding during the next legislative session.</p>
<p>“We probably need better messaging so that the public understands how this affects their pocketbook,” he said</p>
<p>Lawmakers are expected to hold additional hearings on insurance matters in the coming months, and some have floated the idea of holding a special session on insurance before they convene for the 2025 regular session, which is set for April 14 through June 12.</p>
<p><em>This article originally published in the December 23, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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		<title>Pres. Biden’s legacy secured with record-setting Black judicial appointments</title>
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		<pubDate>Mon, 16 Dec 2024 16:56:58 +0000</pubDate>
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		<description><![CDATA[By Stacy M. Brown Contributing Writer (NNPA Newswire) — President Joe Biden’s commitment to diversifying the federal judiciary has culminated in a historic achievement: appointing<br /><br /><a href="http://www.louisianaweekly.com/pres-bidens-legacy-secured-with-record-setting-black-judicial-appointments/">Continue Reading </a> &#187;]]></description>
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<em>Contributing Writer</em></p>
<p><strong>(NNPA Newswire) —</strong> President Joe Biden’s commitment to diversifying the federal judiciary has culminated in a historic achievement: appointing 40 Black women to lifetime judgeships, the most of any president in U.S. history. Biden has appointed 62 Black judges, cementing his presidency as one focused on promoting equity and representation on the federal bench.<span id="more-91928"></span></p>
<p>His record surpasses previous efforts by his predecessors. President Jimmy Carter appointed 37 Black judges, including seven Black women. In stark contrast, Donald Trump’s first term resulted in only two Black women appointed out of 234 lifetime judicial nominations.</p>
<p>The White House said Biden’s efforts show a broader commitment to racial equity and justice.</p>
<p>Meanwhile, Trump has vowed to dismantle key civil rights protections, including the Justice Department’s Civil Rights Division.</p>
<p>“Having the Black woman’s experience on the federal bench is extremely important because there is a different kind of voice that can come from the Black female from the bench,” Delores Jones-Brown, professor emeritus at John Jay College of Criminal Justice, told reporters.</p>
<p>Lena Zwarensteyn of the Leadership Conference on Civil and Human Rights told reporters that these district court judges are often the first and sometimes the final arbiters in cases affecting healthcare access, education equity, fair hiring practices, and voting rights.</p>
<p>“Those decisions are often the very final decisions because very few cases actually get heard by the U.S. Supreme Court,” Zwarensteyn explained.</p>
<p>Biden’s nomination of Justice Ketanji Brown Jackson to the Supreme Court further reflects his commitment to judicial diversity. Jackson became the first Black woman to serve on the nation’s highest court.</p>
<p>Patrick McNeil, spokesperson for the Leadership Conference, pointed out that over half of Biden’s Black female judicial appointees have backgrounds as civil rights attorneys and public defenders, experience advocates consider essential for a balanced judiciary.</p>
<p>Meanwhile, Congress remains divided over the expansion of federal judgeships. Legislation to add 66 new judgeships – approved unanimously by the Senate in August – stalled in the GOP-controlled House until after the election. House Republicans proposed distributing the new judgeships over the next decade, giving three administrations a say in appointments. President Biden, however, signaled he would veto the bill if it reached his desk.</p>
<p>Rep. Jerry Nadler, D-N.Y., argued the delay was a strategic move to benefit Trump’s potential return to office. “Donald Trump has made clear that he intends to expand the power of the presidency and giving him 25 new judges to appoint gives him one more tool at his disposal,” Nadler said.</p>
<p><em>This article originally published in the December 16, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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		<title>EPA gives La. $40 million to upgrade water infrastructure</title>
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		<pubDate>Mon, 09 Dec 2024 18:30:19 +0000</pubDate>
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		<description><![CDATA[By Fritz Esker Contributing Writer The United States Environmental Protection Agency (EPA) announced in November that it would allocate $40,145,000 for Louisiana under the Biden-Harris<br /><br /><a href="http://www.louisianaweekly.com/epa-gives-la-40-million-to-upgrade-water-infrastructure/">Continue Reading </a> &#187;]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><strong>By Fritz Esker</strong><br />
<em>Contributing Writer</em></p>
<p>The United States Environmental Protection Agency (EPA) announced in November that it would allocate $40,145,000 for Louisiana under the Biden-Harris administration’s Bipartisan Infrastructure Law to improve water infrastructure.<span id="more-91876"></span></p>
<p>“Water keeps us healthy, sustains vibrant communities and dynamic ecosystems, and supports economic opportunity. When our water infrastructure fails, it threatens people’s health, peace of mind, and the environment,” said EPA Administrator Michael S. Regan in a press release. “With the Bipartisan Infrastructure Law’s historic investment in water, EPA is working with states and local partners to upgrade infrastructure and address local challenges – from lead in drinking water, to PFAS, to water main breaks, to sewer overflows and climate resilience. Together, we are creating good-paying jobs while ensuring that all people can rely on clean and safe water.”</p>
<p>The funding is part of a five-year, $50-billion investment in water infrastructure. It is the largest such investment in American history. The Bipartisan Infrastructure Law mandates that a majority of announced funds go to disadvantaged communities in the form of grants or loans that do not need to be paid back. </p>
<p>“This transformative funding safeguards critical water infrastructure systems and addresses local water quality concerns,” said Regional Administrator Dr. Earthea Nance in a press release. “With the threat of PFAS (Per- and polyfluoroalkyl substances) and emerging contaminants in our water, we must continue to remove these hazardous chemicals and inform communities of the dangers they pose.”</p>
<p>The funds will be dispersed through the Clean Water and Drinking Water State Revolving Funds (CWSRF and DWSRF), a federal-state water investment partnership. The program funds state-run, low-interest loan programs focusing on key challenges in water infrastructure. </p>
<p>M. Kathleen Struck, director of communications for the EPA’s Office of Water, said the funds can be used for a wide-range of projects. She added states are required to invite the public to provide feedback on the SRF “Intended Use Plan” (IUP). This plan outlines how funds for water infrastructure projects will be allocated within a state. There will be a designated period for submitting comments before the plan is finalized.</p>
<p>One local group receiving funds from this allocation is the Sewerage and Water Board of New Orleans. A spokesperson expressed excitement over the announcement via email.</p>
<p>“This funding, which has been allocated to the State of Louisiana through their revolving loan fund programs for the Department of Environmental Quality and Department of Health, will continue to be an important source for SWBNO to fund critical projects at lower interest rates, reducing the overall costs of water projects for our customers,” said the spokesperson.</p>
<p>The spokesperson also noted that these are not the first funds the organization has received from the Bipartisan Infrastructure Law. One example is the Louisiana Hubs for Resilient Operations (HERO) program. </p>
<p>The HERO program is funded by the Department of Energy and will provide money for additional power complex projects to improve the resiliency of New Orleans’ potable water pumping system. The primary strategic priorities of the program are to mitigate threats to energy supply from climate-related risks and provide power to residents 24/7 during emergencies such as tropical storms and hurricanes.</p>
<p><em>This article originally published in the December 9, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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		<title>Our recommendations for December 7th election</title>
		<link>http://www.louisianaweekly.com/our-recommendations-for-december-7th-election/</link>
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		<pubDate>Mon, 02 Dec 2024 17:24:03 +0000</pubDate>
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		<description><![CDATA[ORLEANS PARISH Member of School Board District 2: Eric J. Jones There is one fundamental question at stake in the last competitive school board race<br /><br /><a href="http://www.louisianaweekly.com/our-recommendations-for-december-7th-election/">Continue Reading </a> &#187;]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><strong>ORLEANS PARISH<br />
Member of School Board<br />
District 2: Eric J. Jones</strong><br />
There is one fundamental question at stake in the last competitive school board race on the ballot; will the option of directly-run neighborhood schools be allowed in Orleans Parish as they are elsewhere in Louisiana and across the nation?  <span id="more-91846"></span></p>
<p>Charter school advocates have decried the decision by the Orleans  Parish School Board to directly administer Leah Chase School, yet the original clarion call of charter advocates rested in the notion of educational choice.  Parents should have the option of choosing the best school for their children, which makes the opposition to returning to a neighborhood school alternative so perplexing to our editors.</p>
<p>No one is suggesting the abolition of charter schools in Orleans Parish. Those that work will continue.  However, charter schools that failed to educate should, at least, have the option to return to the neighborhood school model directly administered by elected officials.  Many parents want the possibility of sending their children to the school literally “down the street” from their homes. That should be an option in the Crescent City, which right now doesn’t really exist.</p>
<p>To believe in school choice, one should believe that have a real choice, including the option of conventional public schools in their neighborhoods. That is the platform upon which both Mr. Jones seeks office, and our editors urged his election.</p>
<p><strong>JEFFERSON PARISH<br />
School Millage: VOTE YES</strong><br />
Approving this property tax would institute a 10.89-mill tax to provide a 16 percent raise, or an additional $8,300 a year, for certified teachers.  Support workers would get an additional $2,000.</p>
<p>That would raise average teacher pay in Jefferson Parish to just under $61,000 per year.  That is incredibly important because teacher attrition has reached almost five percent of the employed educators.  </p>
<p>That’s much larger number than it may appear, as Jefferson Parish’s school system serves more students – about 48,000 – than any other in Louisiana. The effort to keep qualified teachers in the classroom costs money, and it’s essential to keep the system going. Proportional increases in per student funding to the six charter schools in Jefferson would also occur if the new tax passes.</p>
<p>If your home is valued at $250,000 and you have a homestead exemption, you&#8217;ll pay $15.88 more a month. If you&#8217;re home is valued at $400,000 and you have a homestead exemption, you&#8217;ll pay $29.49 more a month. </p>
<p><strong>CONSTITUTIONAL AMENDMENTS</strong><br />
<strong>CA No. 1 (ACT No. 405, 2024 &#8211; SB 177) &#8211; Provides relative to the investigative authority and membership of the judiciary commission: YES</strong></p>
<p>This amendment would allow the supreme court to sanction a judge upon an investigation by the judiciary commission.  Currently, Louisiana is one of the only states who prevent its Supreme Court acting in their oversight role. This would close that gap with other state judiciaries.</p>
<p><strong>CA No. 2 (ACT No. 406, 2024 &#8211; HB 48) &#8211; Provides relative to the timing of consideration and required information of appropriations bills: YES</strong></p>
<p>If you vote for nothing else, please support this amendment.   Legislators love to rush things through the legislature before anyone knows what it is being voted up upon.  This change would require that the legislature wait for at least forty-eight hours prior to concurring in a conference committee report or amendments to a bill appropriating money.</p>
<p><strong>CA No. 3 (ACT No. 407, 2024 &#8211; HB 49) &#8211; Allows the legislature to extend a regular session for a limited time period for a specific purpose: YES</strong></p>
<p>The Legislature can vote itself ended early, but lacks the power to extend a regular session when major finance bills are under consideration.  This amendment would allow the House and Senate to extend a regular session in increments of two days up to a maximum of six days if necessary to pass a bill appropriating money.  </p>
<p><strong>CA No. 4 (ACT No. 409, 2024 &#8211; SB 119) &#8211; Provides relative to the administration of tax sales of immovable property: YES</strong></p>
<p>This amendment would eliminate mandatory tax sales for nonpayment of property taxes and require the legislature to provide for such procedures by law; to limit the amount of penalty and interest on delinquent property taxes; and to provide for the postponement of property tax payments under certain circumstances.  </p>
<p>In English, several parishes put obscene late fees on the late payment of property taxes, and can often move to tax sale with almost no warning.  This amendment would place some legislative restrictions on that process that too often has been a little more than profiteering off of landlords who have fallen into a degree of distress.</p>
<p><em>This article originally published in the December 2, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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		<title>La. plastics plants among top wastewater polluters, thanks to lax regulations</title>
		<link>http://www.louisianaweekly.com/la-plastics-plants-among-top-wastewater-polluters-thanks-to-lax-regulations/</link>
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		<pubDate>Mon, 25 Nov 2024 18:28:49 +0000</pubDate>
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		<description><![CDATA[By Elise Plunk Contributing Writer (lailluminator.com) — A new report from a government accountability group alleges the U.S. Environmental Protection Agency hasn’t regulated key pollutants<br /><br /><a href="http://www.louisianaweekly.com/la-plastics-plants-among-top-wastewater-polluters-thanks-to-lax-regulations/">Continue Reading </a> &#187;]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><strong>By Elise Plunk</strong><br />
<em>Contributing Writer</em></p>
<p><strong>(lailluminator.com) —</strong> A new report from a government accountability group alleges the U.S. Environmental Protection Agency hasn’t regulated key pollutants in wastewater from plastics plants across the country – including 22 in Louisiana.<span id="more-91802"></span> </p>
<p>The Environmental Integrity Project, a nonprofit group that presses for stronger enforcement of environmental laws, found the facilities allow nitrogen, phosphorus and dioxins to seep into waterways such as the Mississippi River. All pose environmental and health risks, but they are legally allowed to be released because of outdated federal regulations. </p>
<p>The report analyzed the permits and records of 70 U.S. facilities that make plastics or the main chemical components in plastics. It cited a lack of oversight and failure to update industry operating permits as reasons why wastewater pollution takes place without repercussions. </p>
<p>“The current federal regulations are outdated and have left downstream communities vulnerable to harmful and poorly controlled pollution released by the plastics industry,” said Kira Dunham, research manager at the Environmental Integrity Project and lead author of the report, during a Nov. 14 online news conference.  </p>
<p>The report also highlights the lack of accountability when even lax regulations are violated. Nearly 83 percent of all the plants examined in the report violated permitted pollution limits at least once from 2021 to 2023, according to self-reported company data in EPA records. Only 14 percent of these plants faced financial penalties.</p>
<p>James Hiatt, executive director of the environmental group For a Better Bayou, took part in the news conference and spoke on the state advisories not to eat fish and crabs caught from the Calcasieu River, where the Westlake Eagle U.S. 2 Lake Charles plastics plant sends its wastewater.</p>
<p>“By consuming so much or any of this fish … you’re exposing yourselves to known industrial pollution that causes cancer and disease,” Hiatt said. </p>
<p>Five different plastics facilities send wastewater directly into the Calcasieu, according to data included in the report. </p>
<p>The report also says the river contains unsafe levels of known cancer-causing materials such as dioxins, and the Westlake Eagle plant on the Calcasieu released the third most dioxin compounds into water bodies of any U.S. facility in 2022, according to the most recent EPA data.</p>
<p>The Illuminator made multiple attempts to contact Westlake by phone and email with no response.</p>
<p>A regional spokesperson for the EPA said the agency was reviewing the report and would “respond appropriately.”</p>
<p>“It’s unacceptable that these plastics plants, profiting from our natural resources, are allowed to continue to release carcinogens like dioxins into our waterways,” Hiatt said.</p>
<p>The study goes on to cite how communities of color and low-income areas are disproportionately affected by these pollutants. One of the more acute areas highlighted is the west bank of Iberville Parish.</p>
<p>The majority of people living near the Dow Plaquemine plastics plant are people of color, and one-third are noted in the report as low-income. More than 75 percent of communities around the Shintech Plaquemine plant and the Westlake Chemical &#038; Vinyls Plaquemine facility are made up of people of color, and almost half are from low-income households, according to figures from the report. </p>
<p>Dumping materials such as phosphorus, nitrogen, dioxins and other pollutants is allowed in Louisiana and across the country, but the EPA has an obligation under the Clean Water Act to update federal pollution control technology standards as new technology to prevent pollution advances, the reports authors said. </p>
<p>Updates to standards for organic chemicals the plastics industry produces haven’t happened since 1993, according to the Environmental Integrity Project.</p>
<p>“The federal regulations meant to cut wastewater pollution from the sector are outdated and incomplete, allowing companies to legally dump harmful pollution into our rivers, lakes and other water bodies,” Dunham said. </p>
<p>The Dow Plaquemine plant ranked as the top polluter in 2023 for total dissolved solids among the plastics plants studied. It released 2.8 billion pounds of materials, including chlorides and sulfates, which are dangerous to aquatic life and corrosive to plumbing.</p>
<p>The Dow plant also ranks second worst in the U.S. for nitrogen pollution, with two million pounds of total nitrogen dumped into the Mississippi River. It’s also the third worst for phosphorus. The EPA has neither nitrogen nor phosphorus dumping limits for this permit, legally allowing the Dow plant to release unlimited amounts of both into the river. </p>
<p>Dow did not respond to multiple attempts The Illuminator made to contact its media representatives by phone and email.</p>
<p>Nitrogen and phosphorus are among the main causes of “dead-zones,” areas of low or no oxygen found in bodies of water with too much nutrient pollution. Often found in fertilizers, nitrogen and phosphorus accelerate the growth of algal blooms, which deplete the water of oxygen and kill aquatic life. </p>
<p>The Gulf of Mexico has a dead-zone that appears past Louisiana’s coast seasonally with the flow of fertilizer runoff from upper basin states along the Mississippi River. In 2024, the Gulf dead zone grew much more than scientists predicted, The Lens reported, measuring in at an area about the size of New Jersey.</p>
<p>While plastics isn’t the only sector with outdated pollution regulation, the Environmental Integrity Project chose to focus on it because of the industry’s growth in recent years. Two dozen plastics plant expansions are underway in the United States, with 10 new plants proposed, Duggan said.</p>
<p>Hiatt called for action to come from the report’s release.</p>
<p>“We need to hold these polluters accountable, and make them clean up the damage they’ve caused,” Hiatt said.</p>
<p><em>This article originally published in the November 25, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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		<title>Senate approves making it easier to send minors to adult prisons</title>
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		<pubDate>Mon, 18 Nov 2024 17:08:18 +0000</pubDate>
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		<description><![CDATA[By Julie O’Donoghue Contributing Writer (lailluminator.com) — The Louisiana Senate approved a measure last week that could result in younger teenagers being sentenced to adult<br /><br /><a href="http://www.louisianaweekly.com/senate-approves-making-it-easier-to-send-minors-to-adult-prisons/">Continue Reading </a> &#187;]]></description>
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<em>Contributing Writer</em></p>
<p><strong>(lailluminator.com) —</strong> The Louisiana Senate approved a measure last week that could result in younger teenagers being sentenced to adult prisons more often.<span id="more-91766"></span></p>
<p>The senators voted 28-9 in favor of Senate Bill 2 to lift limitations on the types of crimes for which people under age 17 can be sentenced as if they are adults. The proposal will next be considered by the Louisiana House and also needs voter approval statewide before it can become law. It will appear on the March 29 or Nov. 15 ballot next year. </p>
<p>The constitutional amendment would allow legislators to craft new laws that expand the court’s ability to send minors – including 14-, 15- and 16-year-olds – to adult prisons.</p>
<p>Children’s advocates oppose the proposal and believe it will further erode protections for youth in the criminal justice system. </p>
<p>In Louisiana, 15-,16- and, in more restricted circumstances, 14-year-olds, can already face adult prison sentences for a limited list of mostly violent crimes. They include murder, attempted murder, manslaughter, rape, armed robbery, kidnapping, aggravated battery, a second or subsequent burglary of an inhabited dwelling and a second or subsequent violation of some drug crimes.</p>
<p>The legislation, sponsored by Sen. Heather Cloud, R-Turkey Creek, would replace that list of crimes with language allowing a minor to be charged as an adult for “any crime” as long as lawmakers pass new laws to do so.</p>
<p>It’s not clear who asked for the amendment. The Louisiana District Attorneys Association came out Thursday in support of the proposal but also said prosecutors didn’t request it. The Louisiana Sheriffs Association has been silent about the measure.</p>
<p>Cloud has also refused to provide specifics on what she has planned if the amendment passes, even when asked by fellow senators.</p>
<p>“Is this an attempt to charge younger children as adults for less serious offenses?” Sen. Regina Barrow, D-Baton Rouge, asked Cloud on the Senate floor last Thursday.</p>
<p>“Those conversations would happen after the fact [if the constitutional amendment is approved and] if the people give us the authority,” Cloud responded.</p>
<p>When pressed for answers, Cloud mentioned a few crimes that she would add to the existing list in the constitution. Advocates have said the offenses Cloud mentioned are already addressed under current law.</p>
<p>For example, Cloud said the amendment would help address situations such as the murder of 73-year-old Linda Frickey during a botched New Orleans carjacking in 2022.  But the four teenagers  involved in that killing were charged as adults and sent to adult prisons earlier this year under existing  law.</p>
<p>Cloud also insisted her amendment wouldn’t “change the law” because lawmakers would have to pass more legislation to ultimately alter the way teenagers are sent to adult prisons.</p>
<p>Some of her colleagues disagreed with that assessment. They said her proposed amendment would remove authority from the public to decide precisely when younger teenagers should be charged as adults and give it exclusively to legislators.</p>
<p>Sen. Katrina Jackson-Andrews, D-Monroe, said the amendment would “take something out of the constitution that protects the least of us.”</p>
<p>“We are divesting the people of their right to protect children,” Jackson-Andrews said. </p>
<p>Cloud’s proposal also comes on the heels of a new law approved earlier this year that treats all 17-year-olds as adults in the criminal justice system. It took away discretion from district attorneys to put those teens through the juvenile justice system instead of adult courts.</p>
<p>The law was pitched as a way to grapple with violent acts committed by out-of-control youth,  but ProPublica and Verite News report that data show nearly 70 percent of 17-year-olds arrested under the new law in East Baton Rouge, Jefferson and Orleans parishes were accused of nonviolent crimes.</p>
<p>Louisiana sheriffs are also struggling to accommodate 17-year-olds moved from juvenile courts into the adult system earlier this year.</p>
<p>While Louisiana state law may consider a 17-year-old an adult for criminal justice purposes, the federal government does not. In order to comply with federal law, sheriffs have to keep anyone under 18 separate from adult detainees and provide them with educational services.</p>
<p>Sheriffs have complained they don’t have the space in their jails or resources to meet these federal requirements. A few are spending money to house the 17-year-olds at a special facility in Jackson Parish in order to not run afoul of federal or state mandates.</p>
<p><em>This article originally published in the November 18, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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		<title>White women, Latinos return Trump to power as Democrats’ missteps helps usher in new era</title>
		<link>http://www.louisianaweekly.com/white-women-latinos-return-trump-to-power-as-democrats-missteps-helps-usher-in-new-era/</link>
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		<pubDate>Tue, 12 Nov 2024 17:14:52 +0000</pubDate>
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		<description><![CDATA[By Stacy M. Brown Contributing Writer (NNPA Newswire) — If there were a job description for the presidency, it might as well be written in<br /><br /><a href="http://www.louisianaweekly.com/white-women-latinos-return-trump-to-power-as-democrats-missteps-helps-usher-in-new-era/">Continue Reading </a> &#187;]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><strong>By Stacy M. Brown</strong><br />
<em>Contributing Writer </em></p>
<p><strong>(NNPA Newswire) —</strong> If there were a job description for the presidency, it might as well be written in bold print: women and people of color need not apply. America made history on November 5, though not the kind many would have foreseen. Voters chose a convicted leader whom a jury has found guilty 34 times, a man whom a judge ruled committed massive business fraud, while another court determined he had sexually assaulted a journalist.<span id="more-91728"></span></p>
<p>They chose the felon over the prosecutor, fascism over democracy, and servitude over freedom.</p>
<p>Latinos and white women, many of whom once more voted against their own interests, who have borne the brunt of his attacks, were primarily responsible for this outcome. But plainly put, Donald Trump has ascended to the highest office in the land once more. A bruised Kamala Harris, meanwhile, didn’t bother to address the thousands of heartbroken supporters who had gathered at Howard University and soaked up hours by dancing, praying, and hoping that they’d witness the first woman – and first Black and Southeast Asian woman – claim the presidency. As the clock ticked toward midnight, it became clear: Trump had taken the race, and, surprisingly, it wasn’t even close.</p>
<p>“I have to say from basically start to finish this night has been clear,” election analyst Harry Enten said on CNN. “There hasn’t been any weird shifting directions. It’s basically been Trump since we got the first counties in. Very much unlike 2020 when there was whiplash as the vote count went on.” Unofficial results showed that Trump earned at least 276 electoral college votes compared to Harris’s 223.</p>
<p>The battleground states that so-called experts had insisted were in play weren’t close at all: North Carolina, Georgia, Pennsylvania, Wisconsin, Michigan, and Ohio all went Trump.</p>
<p>Riding Trump’s wave, the GOP regained control of the Senate, guaranteeing the rapid implementation of their sweeping conservative agenda, Project 2025. Democrats held out hope for the House, but with Trump facing little to no punishment for his alleged crimes, many wonder if it matters. Many European leaders watched the results overnight.</p>
<p>A French official told NBC News that President Emmanuel Macron viewed the results with some sleep breaks in between. He was one of the first to congratulate Trump, posting on X that he was “ready to work together as we did for four years.”</p>
<p>In Europe, the viability of NATO and other trans-Atlantic alliances hangs in the balance. Despite controversy over Labor Party officials openly backing Harris, Prime Minister Keir Starmer had little choice when he expressed optimism about the “special relationship” between the U.K. and U.S., saying, “I look forward to working with you in the years ahead.”</p>
<p>Hungarian Prime Minister Viktor Orban, himself viewed as the kind of dictator Trump promises to become, appeared ecstatic, writing on X, “The biggest comeback in U.S. political history! A much-needed victory for the World!” German Chancellor Olaf Scholz took a more formal tone, emphasizing Germany’s commitment to working with the U.S. “promoting prosperity and freedom,” while European Commission President Ursula von der Leyen described the E.U.-U.S. relationship as “a true partnership.”</p>
<p>Back home, the path forward looks perilous for Trump’s political enemies. The outcome is a catastrophe for the world, many said. While Harris’s campaign was characterized by skill, grace, and a desire to become the first female president in America’s 248-year history, Trump’s campaign was marred by vulgarity, inflammatory rhetoric, and an attitude toward immigrants that often-echoed history’s darkest chapters. It may have been fair to ask, how was the race even close?</p>
<p>Exit polls reveal that white women, who appeared on the verge of breaking free from the grip of MAGA ideology, voted heavily for Trump despite his disregard for their rights and autonomy. Latino voters also leaned toward Trump, despite his incendiary rhetoric, which included labeling Puerto Rico as an “island of trash” at a recent Madison Square Garden rally.</p>
<p>Democrats must also face the reality of their shocking defeat. After a final debate in which some questioned his cognitive skills, the party sidelined President Joe Biden yet failed to portray Trump as the volatile threat he posed. With his 2020 victory in hand, Biden had warned that he alone could defeat Trump. But instead of managing their issues internally, Democrats choose to embarrass Biden, forcing him out just over 100 days before the election.</p>
<p>Although Harris raised unprecedented amounts of cash and had the backing of global celebrities, she and the Democratic National Committee faced criticism from Black Americans. There were complaints that the campaign appeared to scapegoat Black men, with even former President Barack Obama publicly admonishing Black voters for not doing enough.</p>
<p>High-ranking Democrats, including DNC Chair Jamie Harrison and former Congressman Cedric Richmond, played and lost the dangerous game of alienating Black voters, too. The campaign and the DNC largely ignored the Black Press, notably the National Newspaper Publishers Association (NNPA) – the trusted voice of Black America. Instead of engaging with Black-owned outlets in a move that would not only have provided needed resources for these African American small businesses while helping to get the party’s vital messaging to a critical constituency, the DNC choose to enrich wealthy mainstream outlets and leave out the Black Press. The DNC betrayed the NNPA by allowing the DNC to approach some Black newspapers with miniscule ad buys.</p>
<p>Harris’s campaign, if reluctantly so, only carried through on Biden’s original promise to spend the same $1.5 million with the Black Press of America that Biden’s people had promised. The paltry sum even rankled high-ranking Black lawmakers like Congressman Benny Thompson of Mississippi, who led the House Committee investigating Trump. Harris’s campaign and the DNC wrongly determined that the nearly 200-year-old Black Press couldn’t reach Black and Latino communities as effectively as megastars like Beyoncé, Tyler Perry, and Samuel L. Jackson. Instead, as an extension of the Biden administration, they offered cursory invites to functions like the White House’s Black Excellence celebration, and, after some pleading, access to campaign events like the vice president’s closing argument on the Ellipse and her no-show appearance at Howard University.</p>
<p>There’s little doubt that limited ad buys and the flat refusal to engage the Black Press backfired.</p>
<p>A lack of Trump’s accountability made the mistakes worse. Following his second impeachment by the House, Republican Senate leader Mitch McConnell, who had called Trump “stupid” and “despicable,” had the opportunity to bar Trump from ever running again. But McConnell balked, and Trump was acquitted. After Trump incited the January 6 insurrection, Democrats in Congress led a drawn-out investigation before finally recommending criminal charges. By the time prosecutors in New York, Georgia, Washington and Florida issued indictments, Trump had rebranded these as “political witch hunts,” gathering momentum as a martyr figure.</p>
<p>“For nearly a decade, he has tapped into America’s id,” U.S. Guardian editor Betsy Reed observed, pointing to a painful racial history stoked by Obama’s election and a sense of displacement among white Christian Americans. Xenophobia, Reed added, remains the backbone of Trump’s political identity. His campaign’s investment in ads stirring fear over transgender rights (“Kamala’s agenda is they/them, not you”) only magnified the appeal.</p>
<p>“Now brace for another Trump inauguration – American carnage redux – and another fantastical claim about his crowd size,” Reed declared. “Brace for norms to be trampled, institutions to be undermined, opponents to be targeted for retribution. Brace for an Oval Office occupied by a malignant narcissist without guardrails this time. Brace for unhinged all-caps tweets that trigger news cycles and move markets. Brace for national anxiety off the charts and global tremors from China to Ukraine. Brace, also, for a new resistance and surge of anti-Trump energy.”</p>
<p>While many across the globe and in America ask how Trump returned to power, Reed concluded with an ominous reflection: “America had ample opportunities to stop Donald Trump, but each time, it failed. It won’t turn into an autocracy overnight, but there’s no doubt this is a democracy in decay.” And in a piercing final remark, she paraphrased Oscar Wilde: “To elect Trump once may be regarded as a misfortune; to elect him twice looks like madness.”</p>
<p><em>This article originally published in the November 11, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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		<title>New Orleans subdivision on toxic Superfund site being cleared for solar farm</title>
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		<pubDate>Mon, 04 Nov 2024 17:52:03 +0000</pubDate>
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		<description><![CDATA[By Elise Plunk Contributing Writer (lailluminator.com) — The home at 2897 Abundance St. crumbled under the mechanical arm of an excavator with surprising ease, the<br /><br /><a href="http://www.louisianaweekly.com/new-orleans-subdivision-on-toxic-superfund-site-being-cleared-for-solar-farm/">Continue Reading </a> &#187;]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><strong>By Elise Plunk</strong><br />
<em>Contributing Writer</em></p>
<p><strong>(lailluminator.com) —</strong> The home at 2897 Abundance St. crumbled under the mechanical arm of an excavator with surprising ease, the red-brick, one story house falling to pieces as if it were made of paper and glue. A fire truck stood by, casting a stream of water onto the structure to help keep dust from the demolition from rising into the air. <span id="more-91680"></span></p>
<p>It was the first home demolition in Gordon Plaza, a neighborhood infamously built on top of an old landfill that’s been designated a toxic site. The City of New Orleans has purchased 62 of the 67 homes in the subdivision – with plans to buy and tear down more – to build a solar farm atop the tainted land.</p>
<p>Environmental Protection Agency Administrator Michael Regan traveled to the city for a ceremony to launch the solar farm. He noted that while the day marked promise for the project, it was also a “bittersweet” experience given the painful past for Gordon Plaza residents. </p>
<p>“This is where some people bought their first home,” Regan said. </p>
<p>The land under Gordon Plaza used to be the site of the Agriculture Street Landfill, a dumping ground for industrial, medical and municipal waste from 1909 to 1957. Its accumulated cancer-causing chemicals and “140 other hazardous materials,” according to the New Orleans Office of Resilience and Sustainability. </p>
<p>The landfill, nicknamed “Dante’s inferno” as an ode to chemical dumping that caused spontaneous explosions and fires, reopened for debris burning after Hurricane Betsy from 1966 to 1967.</p>
<p>In the 1970s and 80s, the City of New Orleans helped create and market a housing development built on top of the former landfill, primarily to low- and middle- income Black residents, in the 1970’s and 80’s. Robert Moton Elementary School, for the children of Gordon Plaza and Desire neighborhood, went up in 1987 on the same contaminated land.</p>
<p>It closed in 1994 once the EPA stepped in to address the hazardous property, putting a soil-stabilizing fabric between the toxic soil and up to 24 inches of clean dirt on top in 2002. Some of this clean soil, however, washed away in Katrina’s floodwaters, exposing Gordon Plaza again to dangers from below.</p>
<p>Residents of Gordon Plaza campaigned to be relocated at the city’s expense for decades after the EPA designated the area a Superfund site in 1994. But local officials dragged their feet until June 2022, when the New Orleans City Council allocated $35 million derived from bond sales to buy out Gordon Plaza homes.</p>
<p>The fight continued. Residents argued the city shouldn’t pinch pennies when determining home values, saying it was an issue of justice for unknowingly having to live on toxic ground. The city cited legal constraints to spending above market value for home buyouts; Gordon Plaza residents said their homes’ location atop a superfund site made them virtually worthless on the open market. </p>
<p>The city council approved a motion in September 2022 requiring the city-hired appraiser, Jim Thorn, to use a method to value the homes in collaboration with the authors of a 2021 study on the appropriate cost of Gordon Plaza relocation. </p>
<p>The study, from two Tulane school or architecture professors and a local real estate broker, valued the homes at about $293 per square foot and each land parcel at a median $45,000. Moving costs were pegged at $25,000. Gordon Plaza homeowners received offer letters in the summer of 2023 based on a median value of $335,000.</p>
<p>Construction of the solar farm will still have to account for contaminants that still remain. Trucks hauling out debris will be covered with tarps, structures will be soaked with water before demolition to prevent airborne debris, and concrete foundations will be left in place to seal the contaminated soil underneath. </p>
<p>The city expects to release a request for construction proposals for the Community Solar Farm in early 2025. Once a contract is signed with a developer, the city will release a timeline for the solar farm construction, according to the City of New Orleans’ website.  </p>
<p>Two options for ownership of the solar farm are under consideration: The city can either directly buy and finance the operation, or the solar developer will finance and own the facility. </p>
<p>The city is leaning toward third-party developer ownership of the solar farm, according to New Orleans environmental affairs administrator Cheryn Robles. The site is expected to generate up to 6.3 MW of electricity, enough power for 140 homes. </p>
<p>A buy-in option will be offered to New Orleans residents to reduce their electric bills and lean more on renewable energy for electrical power.</p>
<p>New Orleans Mayor LaToya Cantrell reinforced the idea that the “once hazardous ground” could be turned into a place of “resilience and sustainability” with solar energy.</p>
<p><em>This article originally published in the November 4, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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		<title>Court hears arguments in Cancer Alley school desegregation case</title>
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		<pubDate>Mon, 28 Oct 2024 16:28:25 +0000</pubDate>
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		<description><![CDATA[By Safura Syed Contributing Writer (Veritenews.org) – A federal district court in New Orleans heard arguments on Tuesday (Oct. 22) in an ongoing lawsuit against<br /><br /><a href="http://www.louisianaweekly.com/court-hears-arguments-in-cancer-alley-school-desegregation-case/">Continue Reading </a> &#187;]]></description>
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			</div><div style="clear:both"></div><div style="padding-bottom:4px;"></div><p><strong>By Safura Syed</strong><br />
<em>Contributing Writer</em></p>
<p><strong>(Veritenews.org) –</strong> A federal district court in New Orleans heard arguments on Tuesday (Oct. 22) in an ongoing lawsuit against the St. John the Baptist Parish School Board that says the district discriminates against Black students and puts their health at risk by bussing them to school in a heavily polluted area. <span id="more-91642"></span></p>
<p>The case centers on Fifth Ward Elementary School in Reserve, which sits 500 yards from a chemical plant with emissions that pose a likely cancer threat. Parents are asking the court to immediately close the school and relocate Fifth Ward’s 338 students to LaPlace Elementary School, about a 10-minute drive away. </p>
<p>Fifth Ward Elementary School is located just 500 yards from the Denka Performance Elastomer facility, which produces synthetic rubber and chloroprene, a likely human carcinogen. The area where the school is located is in the 99th percentile nationally in terms of environmental burden created by toxic chemicals being released in the air, according to the U.S. Environmental Protection Agency’s EJ Screen. And researchers from Louisiana State University said in a 2022 report that students at Fifth Ward face “unacceptably high cancer risks” after measuring chloroprene levels that were between four to 2120 times higher than the EPA’s recommendations near school grounds. </p>
<p>Nearly half of the students attending Fifth Ward live closer to LaPlace Elementary, lead attorney for the plaintiffs Victor Jones said. </p>
<p>During the hearing, attorneys representing St. John the Baptist Parish School Board said present members of the district’s strategic planning committee unanimously voted to relocate Fifth Ward. School board members will vote on relocation plans during their meeting on Nov. 7. </p>
<p>Attorneys representing the school board said they couldn’t comment on pending litigation. </p>
<p>Judge Jay C. Zainey, who heard the case, said that environmental issues facing Fifth Ward Elementary are clear and swift action should be taken for the children’s sake. But he also said the question of whether the parents have the standing to ask the court to close the school and if the court had the authority to do so was up for argument. And before the court can rule on whether or not relocate students, it must first decide if the parents have valid standing.</p>
<p>“I don’t think anyone can blind themselves to the fact that there is a problem down there,” Zainey said. </p>
<p>Parents at Fifth Ward say that the inferior environmental facilities at the school are a remnant of segregation. They are represented by attorneys from the NAACP Legal Defense Fund. Jones, said the school district disproportionately assigns Black students to a school outside of their neighborhood and closer to the Denka plant, an area he called a “cancer pit.”</p>
<p>“The white students who are in St. John the Baptist Parish, they are zoned into schools that are in their neighborhoods and that are located away from the Denka plant,” Jones told Verite News before the hearing. “Those Black students, however, do not have that same luxury, right?”</p>
<p>Verite News reached out to members of the school board for comment, but they didn’t immediately respond prior to publication.</p>
<p>Jones said members of the community have been trying to close the school for almost a decade.</p>
<p>State Rep. Sylvia Taylor, D-La-Place, said she attended the hearing because she is concerned about the children attending Fifth Ward, and the board’s lack of movement to relocate them. </p>
<p>“Every opportunity they get to move them out of harm’s way, they’re not doing it,” Taylor said.</p>
<p>The school board has been debating whether or not to relocate and brought up four different relocation plans in an April 2024 meeting, according to documents obtained by the Legal Defense Fund and filed with the court. </p>
<p>St John the Baptist Parish is located in Cancer Alley, an industrial stretch between New Orleans and Baton Rouge with extremely high cancer risks compared to the rest of the state due to air pollution from nearby petrochemical facilities, impacts that disproportionately affect Black residents like those attending Fifth Ward Elementary, according to the EPA. </p>
<p>“There’s a sense of urgency by the Black community of St. John the Baptist Parish, understandably, to want to make sure that children are in healthy and safe spaces while attending school,” Jones said.</p>
<p><em>This article originally published in the October 28, 2024 print edition of The Louisiana Weekly newspaper.</em></p>
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