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In re Mullins & Pritchard, Inc.

549 So. 2d 872 (1989)

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In re Mullins & Pritchard, Inc.

Louisiana Court of Appeal
549 So. 2d 872 (1989)

Facts

Mullins & Pritchard, Inc. (Mullins) (plaintiff) owned and operated hydrocarbon-production facilities. Department of Environmental Quality (DEQ) inspectors received complaints regarding discharges from Mullins’s hydrocarbon-production facilities. Based on a complaint, DEQ inspectors found numerous illegal discharges. The DEQ inspector testified that no one was at the site during the inspections, so he could not provide the owner with split samples, as was the usual DEQ inspection procedure. The DEQ hearing officer found Mullins guilty of violating numerous regulatory provisions and DEQ’s notification procedures. The DEQ hearing officer also found that Mullins failed to clean up and dispose of the discharged oil-field waste properly. The DEQ hearing officer assessed penalties against Mullins for impermissible oil discharges and other wastes at its oil-field production facilities. Mullins sought review in the Louisiana Court of Appeal. Mullins asserted numerous challenges to the rulings, including a challenge to the constitutionality of La. R.S. 30:2012. The statute authorized warrantless inspection of facilities subject to environmental regulations.

Rule of Law

Issue

Holding and Reasoning (Foil, J.)

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Environmental Law

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