A judge in Louisiana's 34th Judicial District Court will allow a lawsuit brought by the St. Bernard Parish Government against the commissioners of the Port of New Orleans (Port NOLA) to proceed to trial. The port's commissioners had moved to have the lawsuit challenging the port's jurisdiction to operate in the parish dismissed.
At issue is Port NOLA's plan to build a new container terminal on the Mississippi River in the lower St. Bernard Parish community of Violet. The port's existing container terminal is located above the Crescent City Connect bridge, thus limiting the size of containerships that can call on it. St. Bernard Parish filed the lawsuit in August of 2023 challenging the port's right to acquire property and operate a terminal within the parish.
The September 8 ruling gives the green light for the case to go to trial.
The port released the following statement following the judge's decision.
"We are aware of the court’s ruling on the preliminary exceptions in this matter," the port stated. "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 remains confident in its legal position and will continue to defend the matter through the appropriate judicial process," port officials added. "In the meantime, work to advance the Louisiana International Terminal continues following the issuance of the federal permit authorizing construction of the project."
Port NOLA announced on August 17 that the U.S. Army Corps of Engineers' New Orleans District had granted the federal permit authorizing the port to build the Louisiana International Terminal. That announcement garnered praise from port officials, Louisiana Gov. Jeff Landry, and officials from both Ports America, the planned operator for the terminal, and Terminal Investment Limited, Ports America's investment arm.
The near-$1.8 billion project has received around $1.78 billion in financial commitments thus far. According to the port, the first berth at the new terminal could open as early as 2028. Throughput in the terminal's first year is anticipated to range between 180,000 and 280,000 containers, with annual capacity growing to 1.2 million containers (or 2 million TEU) within 25 years. To expedite truck movements of containers in and out of the terminal, the port is working with the Louisiana Department of Transportation and Development to design and build an elevated bypass roadway that would offer direct connection to Interstate 10.
Still, the project has received vocal opposition from many in the parish, which is located just downriver from New Orleans. While the St. Bernard Port, Harbor, and Terminal District has endorsed the terminal, the parish's elected officials have sought to stymie the project. Since the port announced it was pursuing a terminal in Violet, a nonprofit group, Save Our St. Bernard, has challenged the project through legal means and with a public relations campaign.
