Federal judge tosses Lafayette spoil bank suit

The U.S. District Court for Western Louisiana in Lafayette on July 5 handed down a decision that went against Lafayette Consolidated Government (LCG).
The ruling thwarted Lafayette's attempt to head off a suit over its removal of a Vermilion River spoil bank. Now St. Martin Parish has filed suit against Lafayette in 16th Judicial District Court.
The federal court decision quashed a request by LCG for a declaratory judgement affirming that it broke no laws in removing the spoil bank last March. St. Martin Parish will now seek to force Lafayette to restore the spoil bank along the Vermilion River.
The bank was composed of dredged spoil deposited there in the 1950's. It formed an effective levee that limited the amount of Vermilion River flood water that could enter the Cypress Island swamp.
The material was removed last March in the dark of night after Lafayette purchased a partial interest in the St. Martin Parish land that included the spoil bank. LCG never obtained permits from the Corps of Engineers or St. Martin Parish for the project.
The spoil removal was carried out despite assurances reportedly made by LCG President Josh Guillory to St. Martin Parish President Chester Cedars that it would not be done without the approval of St. Martin Parish.
LCG had applied for a Corps permit to remove the spoil bank in 2020, but dropped the request after push back from St. Martin Parish government and Cypress Island residents.
LCG maintains that removal of the material will prevent flooding in parts of Lafayette Parish with no additional risk of flooding in St. Martin Parish.
This contention, however, does not reflect the opinions of all the engineers who have looked into the situation.
A St. Martin Parish ordinance requires that any work of this kind must be preceded by a thorough, independent hydrological study and awarding of a
parish permit.
Likewise, the Corps of Engineers issued an opinion that the removal should only have been done after a Corps permit had been obtained. It was at the Corps' insistence that the issue was moved to federal court.
The St. Martin Parish suit against Lafayette will seek restoration of the spoil bank and compensation for damages "against any and all parties involved," according to Cedars.