Negotiations continue between the Lafourche Parish government and the Environmental Protection Agency over a dispute concerning violations of the Clean Water Act in the Choctaw Road Levee.

The EPA filed a complaint against Lafourche Parish in 2016 that claimed discharge of dredged and fill materials into the area wetlands without the appropriate permit.  Since the initial filing of the dispute, the two parties have been mediating together in an effort to settle the claims.  However, Lafourche continues to deny any wrongdoing.

According to Parish President Jimmy Cantrelle, the dispute could cost more than $3 million to settle.

The EPA’s complaint states the parish “… discharged dredged or fill material from heavy equipment onto nearly 10 acres of wetlands off Choctaw Road.  The discharges were associated with the construction of a large earthen dam approximately 6 feet high, 14 feet wide, and 5,280 feet long.  Approximately 9.92 acres of jurisdictional wetlands were impacted in the construction of this project”.

According to the complaint, the parish had not gotten the appropriate permission and permits to do this.

The parish disputed the claims in the complaint, stating:

• It did not discharge dredged or fill material
• It disagreed with the EPA’s definition of dredged material
• Its actions ended many years ago
• Its actions did not affect navigable waters
• The EPA does not have jurisdiction because the actions did not contain wetlands

The deadline to complete mediation is in April, at least according to the EPA, which limits mediation time to no more than four months.  If not agreement is reached by the deadline, the dispute can proceed to litigation.