ExxonMobil filed a 22-page lawsuit on July 1 in the U.S. District Court Western District in Lake Charles against the Allen Parish Police Jury and Sheriff Doug Hebert III. (Associated Press Archives)

The Allen Parish Police Jury has introduced a resolution to suspend the enforcement of a recently adopted ordinance imposing local permitting requirements for carbon capture projects.

The decision, made by a 7-to-1 vote with Police Juror Joe Perkins of Reeves casting the lone dissenting vote, comes in the midst of a federal lawsuit that poses a significant financial risk to the parish.

ExxonMobil Low Carbon Solutions Onshore Storage filed the lawsuit against the police jury and Sheriff Doug Hebert III, challenging the ordinance, which ExxonMobil claims is inconsistent with state law and causes delays to state-permitted activities.

During a meeting on Monday, police jurors voted to suspend the ordinance and called for a public hearing at 6 p.m. on Aug. 4 to discuss the potential removal of the law and to hear directly from the public.

Police Jury President Tony Hebert said the police jury had previously requested an Attorney General’s opinion on whether the ordinance would be preempted by state law. However, they have not received an opinion and may never receive one now that it is the subject of a lawsuit, he said.

“……This ordinance was passed with the will of the people and meant to protect our land, water, and personal property rights by regulating injection wells,” Hebert said in a released statement. “But now, the police jury is facing a tough decision, and I want to be transparent with you (the public) about why I think we should pull back on this ordinance.”

ExxonMobil claims the ordinance conflicts with state and federal laws. Hebert said after consulting with legal experts and staff, it became clear the parish faces a strong legal challenge that could be costly.

“The truth is, this isn’t a fight that can’t be won at the parish level,” he said. “The state of Louisiana and the federal government have already set up regulations for these projects, and our state Constitution says we don’t have the authority to go beyond what they’ve set up.”

Hebert noted that while the police jury and residents advocated for stronger state-level laws during the recent legislative session, those bills did not pass. He said the fight remains at the state level.

“I know a lot of you are angry and have legitimate concerns,” he said acknowledging public sentiment. “ExxonMobil could have and should have worked with us to address our local concerns, but instead, they chose to sue us. They knew that fighting this lawsuit would cost Allen Parish a fortune in legal fees, damages and penalties. And that’s money we don’t have and money that is legally dedicated to going to things like fixing roads, repairing bridges, and keeping public buildings open and maintained.”

He clarified the police jury’s intent by stating, “…The police jury passed Ordinance No. 6656 because we care about the health and safety of our people. But now, we’re stuck between a rock and a hard place. If we keep fighting, we risk bankrupting the parish and losing the ability to provide essential services. That’s not a risk I’m willing to take or a risk I would ask the rest of the jury to take.”

While the outcome may not be what many desired, Hebert assured residents that the police jury is committed to protecting its communities. He requested the public’s understanding as the parish navigates the challenging situation.

“We’re all in this together, and we plan to keep fighting for what’s best for Allen Parish,” he concluded.