Economic Records Lawsuits Raise Transparency Questions in Louisiana

BATON ROUGE, La. — Environmental groups in Louisiana say they are being forced to sue local governments and economic development groups just to learn basic details about industrial projects that may receive public support. Two new lawsuits filed this week focus on whether parish officials and publicly funded development groups are improperly shielding records from public view.

Lawsuits Filed Over Public Records

Rural Roots Louisiana and the Louisiana Bucket Brigade filed the lawsuits Wednesday in the 23rd Judicial District Court in Ascension Parish. The suits name the Ascension Parish government and the Ascension Economic Development Corp., a nonprofit group that receives most of its funding from parish tax dollars.

The groups argue that they have had to resort to litigation simply to find out whether major industrial projects exist and what agreements may be in place. Attorney Pam Spees, who represents the plaintiffs, said the lack of access leaves the public uncertain about decisions that affect their communities.

Claims Against Parish Officials

One lawsuit alleges the Ascension Parish Council violated Louisiana’s Open Meetings Law by signing nondisclosure agreements without public notice or a formal vote. It also claims the council violated the Public Records Law by refusing to provide copies of those agreements after a request was made.

The nondisclosure agreement at the center of the case was executed last year between the Louisiana Economic Development agency and at least one parish council member. The agreement limited public discussion of certain business interests but did not identify the projects involved. Spees said the restrictions appeared to relate to industrial projects proposed for the RiverPlex MegaPark in Modeste.

Dispute Over Development Corporation Records

The second lawsuit targets the Ascension Economic Development Corp. The environmental groups say the organization violated the public records law by refusing to release documents, including cooperative endeavor agreements with Hyundai Steel, Ascension Parish, or the state.

The corporation has argued that it is a private nonprofit entity and not subject to the state’s public records law. Parish council records show the group received more than $322,000 in public funds last year. A state statute says certain nonprofit economic development corporations are subject to public records and open meetings laws if they receive at least $10,000 in public funding in a calendar year.

Role of the 2024 Confidentiality Law

The disputes are tied in part to a 2024 state law that expanded confidentiality protections for local economic development records. The law allows top local officials to declare records confidential if disclosure could jeopardize active negotiations for large projects. It also requires that decision to be made in an open meeting with a recorded vote.

According to the lawsuits, Ascension Parish officials later acknowledged that no meeting minutes existed showing such a vote took place. Spees said nondisclosure agreements are not automatically exempt under the law and that required procedures were not followed.

Broader Transparency Concerns

First Amendment attorney Scott Sternberg, who reviewed the lawsuits, said the 2024 law has reduced transparency at the local level. He said similar disputes have reached the Louisiana Supreme Court before, including a 2016 case that set standards for when private development groups must comply with public records laws.

State economic development officials say nondisclosure agreements are commonly used when companies request confidentiality. Environmental advocates dispute that characterization and argue the practice limits public input on projects with long-term community impacts.

The first hearing in the case against the Ascension Economic Development Corp. is scheduled for Tuesday.