St. Bernard Parish is seeking to intervene in a lawsuit that aims to block the Port of New Orleans’ planned $1.5 billion container ship terminal in Violet.
The parish’s motion to join the 2021 suit will be heard Thursday in state court in Chalmette. It was filed last week by St. Bernard Parish District Attorney Perry Nicosia’s office, which represents the parish government.
Since the port bought the 1,100-acre site and unveiled its plan for the Louisiana International Terminal, St. Bernard officials have raised objections, citing worries over traffic and environmental damage. In August 2019, the St. Bernard Parish Council voted unanimously to oppose the massive new development.
But that was essentially a symbolic gesture, since the council has no jurisdiction over the port, a state entity. The lawsuit at least will provide a forum for the parish’s objections to be heard, though it’s far from clear that the plaintiffs have sufficient legal grounds to knock the port plan off course.
The parish’s motion to intervene in the civil lawsuit says the new terminal “would have serious negative environmental impacts” and “overwhelm the existing public transportation infrastructure,” among other negative effects.
The motion is focused on the latter issue. It asks a judge to put the project on hold until port officials can prove enough money has been secured to build a north-south artery that connects the new facility to Interstate 510 in New Orleans East, so that 18-wheelers going to and from the port won't need to use one of the two local highways that reach Violet. The Legislature has committed $50 million toward such a road, but much more money would be needed.
"We already know the impact the port is going to have on our traffic," said St. Bernard Parish President Guy McInnis. "The port knows, too. The investors know this won’t work without that road. We're just trying to get a commitment from the port, the state and the feds that that road will be built to solidify the infrastructure that's necessary to nullify that negative impact. That is the most important aspect moving forward."
A Port NOLA spokesperson said port leaders are committed to getting the roadway built and "protecting quality of life for all the residents of St. Bernard Parish."
Port officials say the new container project is vitally important to make the city’s port competitive with other major regional shipping hubs, including those in Houston and Mobile. Siting the facility in St. Bernard Parish would mean that huge container ships coming from ports in Asia and other distant places would not have to pass under any bridges before docking.
Currently, container ships docking at Port Nola’s facilities must go to the wharves at Napoleon Avenue, a couple miles upriver from the Crescent City Connection. The larger ships can’t make it under the bridge.
The port, which a few months ago unveiled some changes designed to St. Bernard Parish’s objections to the project, hopes to start construction in 2025 and have the new container port receiving ships by 2028.
But the plaintiffs, led by the nonprofit group Stop the Destruction of St. Bernard and including cultural associations, businesses and residents, were unimpressed with the concessions.
It’s been difficult to find a judge who can preside over the case. All five judges who sit on the bench of the 34th Judicial District in St. Bernard have recused themselves, citing conflicts. So has the first ad hoc judge appointed to oversee the case, William Morvant, who recently retired from the bench in Baton Rouge.
The case is now before another ad hoc judge, Robert Morrison. Morrison recently retired after a long career on the bench in the 21st Judicial District, which includes Livingston, Tangipahoa and St. Helena parishes.