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La. Rev. Stat. § 30:2026 (2026)

Citizen suits

✓ current as of May 2026
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§2026. Citizen suits

           A.(1) Except as provided in Subsection B of this Section, any person having an interest, which is or may be adversely affected, may commence a civil action on his own behalf against any person whom he alleges to be in violation of this Subtitle or of the regulations promulgated hereunder. The action must be brought either in the district court in the parish in which the violation or alleged violation occurs or in the district court of the domicile of the alleged violator, and shall be afforded preferential hearing by the court.

           (2) If, at the hearing on the order, it appears to the satisfaction of the court that a violation has occurred, or is occurring, the court may, in order to enforce the provisions of this Subtitle, assess a civil penalty not to exceed ten thousand dollars for each day of the continued noncompliance and the court may, if appropriate, issue a temporary or permanent injunction.

           (3) The court in issuing any final order in any action brought pursuant to this Section, may award costs of court including reasonable attorneys and expert witness fees to the prevailing party. The court may also award actual damages to the prevailing plaintiff. The judgment of the court at the hearing, or subsequently on a petition for fixing the penalty if the violation is a continuing one, shall fix the total amount of penalty due, which shall be collectible under the same procedures as now fixed by law for the collection of money judgments and shall be awarded to and collected by the state of Louisiana and deposited into the state treasury.

           B. No action under this Section shall be commenced under Subsection A of this Section:

           (1) Prior to thirty days after the plaintiff has given written notice of the violation to the secretary and to any alleged violator by certified mail, return receipt requested.

           (2) If the secretary or his legal counsel has commenced and is diligently prosecuting a civil or criminal action in a court of this state to require compliance with any standard, limitation, or order; however, in any such action any person having an interest which is or may be adversely affected may intervene as a matter of right.

           (3) If the alleged violator is operating under a variance and is in compliance with the terms of such variance.

           (4) Against any person while such person, with respect to the same violation is:

           (a) Under any order issued pursuant to this Subtitle to enforce any provision of this Subtitle.

           (b) A defendant in any civil suit brought under the provisions of R.S. 30:2025.

           (c) The subject of an action to assess and collect a civil penalty pursuant to R.S. 30:2025(E).

           C. Provided, however, that nothing herein shall be construed to limit or deny any person's right to injunctive or other extraordinary and ordinary relief under the Code of Civil Procedure or otherwise under Louisiana law, other than this Section.

           D. The enforcement, procedures, and remedies herein provided for shall be in addition to any such procedures and remedies authorized under the laws of this state.

           Acts 1979, No. 449, §1, eff. Jan. 1, 1980. Amended by Acts 1980, No. 194, §5; Acts 1980, No. 748, §4; Acts 1981, No. 702, §1, eff. July 23, 1981; Acts 1983, No. 97, §1, eff. Feb. 1, 1984; Acts 1993, No. 344, §1; Acts 1993, No. 452, §1.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1991–2025 · leading case: Morris & Dickson Co. v. Jones Bros. Co., Inc., 691 So. 2d 882 (La. Ct. App. 1997).
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Morris & Dickson Co. v. Jones Bros. Co., Inc., 691 So. 2d 882 (La. Ct. App. 1997). · cites it 5× “R.S. 30:2026 of the Department of Environmental Quality Act, La.”
Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 79 So. 3d 246 (La. 2011). · cites it 2× “R.S. 30:2026 (Citizen suits), La. R.S. 30:6(F) (interested persons have the right to have the commissioner of conservation call a hearing for the purpose of taking action); La.”
Elmwood Vill. Ctr. v. Kmart Corp., 863 F. Supp. 309 (E.D. La. 1994). · cites it 16× “Stat. § 30:2026(B)(4)(a). However, “nothing herein shall be construed to limit or deny any person’s right to injunctive or other extraordinary and ordinary relief under the Louisiana Code of Civil Procedure or otherwise other Louisiana law, other than this Section.”
Matter of Am. Waste & Poll. Control, 588 So. 2d 367 (La. 1991). “R.S. 30:2026 which provides for civil actions in the district courts.”
In Matter of Am. Waste & Pollution Control Co., 642 So. 2d 1258 (La. 1994). “30:2011(D)(1), 30:2011(D)(5), 30:2011(D)(24)(c)(ii), 30:2158(A)(4).”
Consol. Env't Mgmt., Inc. v. Zen-Noh Grain Corp., 981 F. Supp. 2d 523 (E.D. La. 2013). · cites it 3× “La.Rev. Stat. Ann. § 30:2026(A)(1). The statute authorizes a court to grant temporary or permanent injunctive relief and to assess a civil penalty not to exceed ten thousand dollars for each day of the continued noncompliance.”
In Re Combustion, Inc., 968 F. Supp. 1116 (W.D. La. 1997). “Plaintiffs allege that defendants are strictly liable for tort damages under the Louisiana Environmental Quality Act (“LEQA”), LSA-R.S. 30:2026, pertaining to the disposition of hazardous substances.”
Consol. Companies, Inc. v. Union Pac. R.R., 499 F.3d 382 (5th Cir. 2007). “R.S. 30:2026(A)(1). In its complaint, Conco alleges, in part, that Union Pacific violated § 2273 because it (1) was an owner and/or operator of “a pollution source or facility”; and/or (2) “generated a hazardous waste which was eventually transported, stored, disposed of or…”
GIAQUE v. Clean Harbors Plaquemine, LLC, 938 So. 2d 135 (La. Ct. App. 2006). · cites it 5× “R.S. 30:2026. Plaintiffs identify themselves as citizens of the State of Louisiana who own property near the village of Bayou Sorrel, Louisiana, and/or use and enjoy the Bayou Sorrel area for recreational and aesthetic purposes in the vicinity of a Class I underground injection…”
Sierra Club v. Givens, 710 So. 2d 249 (La. Ct. App. 1997). · cites it 6× “R.S. 30:2026(A). This citizen suit, or "qui tam action," [1] provides a valuable tool whereby concerned citizens act as "private attorneys general" for the enforcement of environmental safeguards against violators when DEQ fails in its duty of enforcement.”
Seth H. Schaumburg Versus Par. of Jefferson (La. Ct. App. 2020). · cites it 26× “R.S. 30:2026 preserves Plaintiff’s ability to bring a nuisance claim under La.”
Zewe v. Law Firm of Adams & Reese, 852 F. Supp. 516 (E.D. La. 1993). “§ 30:2026 (West Supp.1993). 3 . Shell attested to the fact that the plan providing Zewe's employee benefits is regulated by ERISA.”
Show all 17 citing cases →
La. Rev. Stat. § 30:2026(A): 2 cases
Sierra Club v. Givens, 710 So. 2d 249 (La. Ct. App. 1997). “R.S. 30:2026(A). This citizen suit, or "qui tam action," [1] provides a valuable tool whereby concerned citizens act as "private attorneys general" for the enforcement of environmental safeguards against violators when DEQ fails in its duty of enforcement.”
Seth H. Schaumburg Versus Par. of Jefferson (La. Ct. App. 2020). “R.S. 30:2026 preserves Plaintiff’s ability to bring a nuisance claim under La.”
La. Rev. Stat. § 30:2026(A)(1): 6 cases
Consol. Companies, Inc. v. Union Pac. R.R., 499 F.3d 382 (5th Cir. 2007). “R.S. 30:2026(A)(1). In its complaint, Conco alleges, in part, that Union Pacific violated § 2273 because it (1) was an owner and/or operator of “a pollution source or facility”; and/or (2) “generated a hazardous waste which was eventually transported, stored, disposed of or…”
Consol. Env't Mgmt., Inc. v. Zen-Noh Grain Corp., 981 F. Supp. 2d 523 (E.D. La. 2013). “La.Rev. Stat. Ann. § 30:2026(A)(1). The statute authorizes a court to grant temporary or permanent injunctive relief and to assess a civil penalty not to exceed ten thousand dollars for each day of the continued noncompliance.”
Elmwood Vill. Ctr. v. Kmart Corp., 863 F. Supp. 309 (E.D. La. 1994). “Stat. § 30:2026(B)(4)(a). However, “nothing herein shall be construed to limit or deny any person’s right to injunctive or other extraordinary and ordinary relief under the Louisiana Code of Civil Procedure or otherwise other Louisiana law, other than this Section.”
Sierra Club v. Givens, 710 So. 2d 249 (La. Ct. App. 1997). “R.S. 30:2026(A). This citizen suit, or "qui tam action," [1] provides a valuable tool whereby concerned citizens act as "private attorneys general" for the enforcement of environmental safeguards against violators when DEQ fails in its duty of enforcement.”
Seth H. Schaumburg Versus Par. of Jefferson (La. Ct. App. 2020). “R.S. 30:2026 preserves Plaintiff’s ability to bring a nuisance claim under La.”
La. Rev. Stat. § 30:2026(A)(3): 3 cases
Morris & Dickson Co. v. Jones Bros. Co., Inc., 691 So. 2d 882 (La. Ct. App. 1997). “R.S. 30:2026 of the Department of Environmental Quality Act, La.”
Sierra Club v. Givens, 710 So. 2d 249 (La. Ct. App. 1997). “R.S. 30:2026(A). This citizen suit, or "qui tam action," [1] provides a valuable tool whereby concerned citizens act as "private attorneys general" for the enforcement of environmental safeguards against violators when DEQ fails in its duty of enforcement.”
Laborde v. Hunt Oil Co (W.D. La. 2025).
La. Rev. Stat. § 30:2026(B): 3 cases
Lake Bistineau Pres. Soc. v. Seales, 922 So. 2d 768 (La. Ct. App. 2006).
Elmwood Vill. Ctr. v. Kmart Corp., 863 F. Supp. 309 (E.D. La. 1994). “Stat. § 30:2026(B)(4)(a). However, “nothing herein shall be construed to limit or deny any person’s right to injunctive or other extraordinary and ordinary relief under the Louisiana Code of Civil Procedure or otherwise other Louisiana law, other than this Section.”
Laborde v. Hunt Oil Co (W.D. La. 2025).
La. Rev. Stat. § 30:2026(B)(1): 3 cases
Consol. Env't Mgmt., Inc. v. Zen-Noh Grain Corp., 981 F. Supp. 2d 523 (E.D. La. 2013). “La.Rev. Stat. Ann. § 30:2026(A)(1). The statute authorizes a court to grant temporary or permanent injunctive relief and to assess a civil penalty not to exceed ten thousand dollars for each day of the continued noncompliance.”
Sierra Club v. Givens, 710 So. 2d 249 (La. Ct. App. 1997). “R.S. 30:2026(A). This citizen suit, or "qui tam action," [1] provides a valuable tool whereby concerned citizens act as "private attorneys general" for the enforcement of environmental safeguards against violators when DEQ fails in its duty of enforcement.”
Laborde v. Hunt Oil Co (W.D. La. 2025).
La. Rev. Stat. § 30:2026(B)(2): 1 case
Sierra Club v. Givens, 710 So. 2d 249 (La. Ct. App. 1997). “R.S. 30:2026(A). This citizen suit, or "qui tam action," [1] provides a valuable tool whereby concerned citizens act as "private attorneys general" for the enforcement of environmental safeguards against violators when DEQ fails in its duty of enforcement.”
La. Rev. Stat. § 30:2026(B)(4): 2 cases
Elmwood Vill. Ctr. v. Kmart Corp., 863 F. Supp. 309 (E.D. La. 1994). “Stat. § 30:2026(B)(4)(a). However, “nothing herein shall be construed to limit or deny any person’s right to injunctive or other extraordinary and ordinary relief under the Louisiana Code of Civil Procedure or otherwise other Louisiana law, other than this Section.”
Seth H. Schaumburg Versus Par. of Jefferson (La. Ct. App. 2020). “R.S. 30:2026 preserves Plaintiff’s ability to bring a nuisance claim under La.”
La. Rev. Stat. § 30:2026(B)(4)(a): 2 cases
Elmwood Vill. Ctr. v. Kmart Corp., 863 F. Supp. 309 (E.D. La. 1994). “Stat. § 30:2026(B)(4)(a). However, “nothing herein shall be construed to limit or deny any person’s right to injunctive or other extraordinary and ordinary relief under the Louisiana Code of Civil Procedure or otherwise other Louisiana law, other than this Section.”
Seth H. Schaumburg Versus Par. of Jefferson (La. Ct. App. 2020). “R.S. 30:2026 preserves Plaintiff’s ability to bring a nuisance claim under La.”
La. Rev. Stat. § 30:2026(C): 1 case
Seth H. Schaumburg Versus Par. of Jefferson (La. Ct. App. 2020). “R.S. 30:2026 preserves Plaintiff’s ability to bring a nuisance claim under La.”
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