Terminal Lawsuit To Proceed

A lawsuit challenging the Port of New Orleans’ authority to develop the Louisiana International Terminal in St. Bernard Parish will proceed following a ruling in Louisiana’s 34th Judicial District Court.

Judge Darren Roy rejected preliminary exceptions filed by members of the board of commissioners of the Port of New Orleans. The September 8 ruling allows the case to move toward trial but does not decide the merits of the claims or Port NOLA’s legal authority to build and operate the terminal.

St. Bernard Parish government filed the lawsuit in August 2023. The parish disputes Port NOLA’s authority to acquire property and develop a container terminal within St. Bernard Parish.

Port NOLA plans to build the terminal along the Mississippi River in Violet, La.

“The ruling is procedural and does not decide the merits of the parish’s claims or Port NOLA’s legal authority regarding the Louisiana International Terminal,” Port NOLA said in a statement.

The port said it remains confident in its legal position and will continue defending the case. Work to advance the terminal is continuing.

The ruling follows the New Orleans Engineer District’s issuance of a federal permit authorizing construction. Port NOLA announced the permit August 17 following a multiyear environmental review.

The permit covers the terminal’s wharf, container yard and related infrastructure. The Corps’ review considered effects on navigation, wetlands, traffic, nearby communities and other environmental resources.

Port NOLA is developing the terminal with Ports America and Terminal Investment Limited. The project is expected to cost nearly $1.8 billion and has approximately $1.78 billion in public and private financial commitments.

The proposed terminal would be located below the Crescent City Connection bridges. That location would allow larger container ships to reach the facility without the vessel-height restriction affecting Port NOLA’s existing Napoleon Avenue Container Terminal.

The first berth could open as early as 2028. Port NOLA projects initial annual throughput of between 180,000 and 280,000 containers. The terminal’s capacity could eventually reach approximately 2 million 20-foot-equivalent units annually.

The Louisiana Department of Transportation and Development is planning an elevated roadway that would connect the terminal with Interstate 10. The roadway is intended to reduce container-truck traffic through nearby communities.

The St. Bernard Port, Harbor and Terminal District supports the project. St. Bernard Parish officials and some community groups oppose it, citing questions about the port’s jurisdiction and concerns about traffic, environmental effects and effects on nearby communities.

No trial date has been announced. The ruling does not suspend the federal permit or stop Port NOLA from continuing development work.