There are multiple steps to the permitting process for the proposed LIT container facility. While everyone has heard about the permitting process through the Army Corps of Engineers, there are several other lesser known but equally important permits that Port NOLA needs to obtain to move forward with its Corps permit.
Before (and this key point cannot be emphasized enough) the Corps can begin processing Port NOLA’s permit, Port NOLA has to obtain a Coastal Use Permit from the Louisiana Office of Coastal Management and a Water Quality Certification permit from the Louisiana Department of Environmental Quality.
The deadline for the comment period for the Coastal Use Permit application has already passed and is already being challenged.
The deadline for the comment period for the Water Quality Certification application is March 28, 2025! Take a look for yourself.
The goal here is to slow down the Corps permitting process.
If we can delay the Corps permitting process by 3 to 6 months or maybe even a year or more with these two State application processes, we can indirectly prevent the Corps from processing Port NOLA’s application for now. On top of that, we would still have the right to contest the Corps permit at a later time further slowing down the process. Every day that goes by that the Port isn’t able to move forward tips the scales more and more in our favor in winning!
We can all work together towards that goal by slowing down the two State permit applications needed before the Corps can even process Port NOLA’s application.
Councilman Everhardt has prepared a template for you to file your opposition by e-mail.
Please print, complete, and submit your opposition no later than March 28, 2025!
When you are preparing your comment, please consider the stated purpose of the Water Quality Certification application process:
The state may choose to allow lower water quality in waters that exceed the standards to accommodate justifiable economic and/or social development in the areas in which the waters are located, but not to the extent of violating the established water quality standards. Appropriate use attainability analyses will be required before any lowering of water quality will be allowed. No such changes, however, will be allowed if they interfere with or become injurious to the existing water uses. No lowering of water quality will be allowed in waters where standards for the designated water uses are not currently being attained.
LAC Title 33 Part IX Chapter 11 Sec. 1109.A.1.
The administrative authority will not approve any wastewater discharge or certify any activity for federal permit that would impair water quality or use of state waters."
LAC Title 33 Part IX Chapter 11 Sec. 1109.A.2.Under recent changes to the law, the Louisiana Department of Environmental Quality can consider impacts of the entire project on water quality, not just point source water discharge. Since a broad range of impacts can be considered, please include any and all comments that will affect the water quality both inland and coastal waters.
