Save Ourselves, Inc., Et v. the Louisiana

Before considering the merits of relators' challenges to the permits, some mention must be made of the appropriate scope of review under the circumstances of this case. Generally, administrative agency adjudication is subject to judicial review under § 964 of the Louisiana Administrative Procedures Act . In 1982, however, the Louisiana Environmental Affairs Act was amended to provide that the provisions of La. R.S. 49:962 and 964 shall not apply to decisions and orders of the commission. La. R.S. 30:1072 (1982 La. Acts No. 322). This change was part of a provision which now makes a final decision or order of the commission appealable to the Court of Appeal, instead of to the district court as provided by the LAPA. The change in the appellate forum for environmental cases appears to have been the only reason for making 964 inapplicable to them. There is no substantial difference between the standards of review provided by § 964 and our own jurisprudential rules pertaining to judicial review. See, Central Louisiana Electric Co. Inc. v. Louisiana Public Service Com'n, 437 So.2d 278 (La. 1983); Florane v. Louisiana Public Service Com'n, 433 So.2d 120 (La. 1983); Giallanza v. Louisiana Public Service Com'n., 412 So.2d 1369 (La. 1982); South Central Bell Telephone Co. v. Louisiana Public Service Com'n, 352 So.2d 964 (La. 1977) cert. den., 437 U.S. 911, 98 S.Ct. 3103, 57 L.Ed.2d 1142 (1978); Baton Rouge Water Works v. Louisiana Public Service Com'n, 342 So.2d 609 (La. 1977) cert. den., 434 U.S. 827, 98 S.Ct. 105, 54 L.Ed2d 86 (1977). Accordingly, since the use of the LAPA statutory scheme in environmental cases promotes clarity of analysis, we will continue to apply the standards of judicial review provided by § 964 by analogy. SUPREME COURT OF LOUISIANA 1984.LA.1705