Louisiana § RS 49:21 - Suits to prevent encroachment on state's rights

§ RS 49:21. Suits to prevent encroachment on state's rights

            A. In recognition of the state's right to self-determination, it is a declared interest of the state that the attorney general preserve and defend the state's autonomy, independence, and sovereignty in all legal matters and disputes involving the federal government and preserve for the state any power not expressly delegated to the federal government.

            B. The state's sovereign interests refer to any matter, concern, or situation that directly or indirectly affects the status or rights of the state and its citizens and local political subdivisions, whether legal, financial, social welfare, or other interest that pertains to the sovereign power, identity, and autonomy of state government.

            C. To that end, the attorney general shall have the authority to institute, defend, or intervene in any suit to protect the sovereign interests of the state in any matter involving the federal government, including but not limited to any matter brought in the federal courts.

            D. Notwithstanding any other law to the contrary and in addition to any other powers, duties, or authority granted to the attorney general and the Department of Justice by the constitution and laws of the state, the attorney general may, at his discretion, represent the state and all departments and agencies of state government, state boards and commissions, state officials and employees, and any other state institution, as well as any local political subdivisions created by the Constitution of Louisiana or state law, including but not limited to school boards and charters, whether in his name or through special counsel retained for that purpose in order to preserve, protect, and defend the interests of the state.

            E. Whenever the state, state department, state agency, state board or commission, state official or employee, any other state institution, or a local political subdivision created by the Constitution of Louisiana or state law, including but not limited to school boards and charters, receives a notice, claim, or demand made by a federal agency, agent, or official of the federal government or any notice, claim, or demand made by any party in litigation which seeks to impose continuing federal court jurisdiction over any state department, agency, board, commission, official, employee, any other state institution, or any local political subdivision created by the Constitution of Louisiana or state law, such entity or political subdivision shall immediately notify the governor and the attorney general by providing a copy of such notice, claim, or demand. Such notice shall be provided within thirty days of receipt of the notice, claim, or demand. The entity shall also notify all parties and the court of the statutory right created in this Section of the attorney general to intervene and shall seek a sixty-day stay of the litigation to provide notice and provide the attorney general time to intervene.

            F. Neither the state of Louisiana nor any department, agency, board, commission, institution, or local political subdivision created by the Constitution of Louisiana or state law, including but not limited to school boards and charters, or any official or employee thereof in his official capacity may enter into a judgment by consent in federal court without the approval of the attorney general and the governor when the proposed judgment creates, establishes, or imposes injunctive relief, enforceable through continuing oversight by the federal court, with future binding conditions or obligations that exceed sixty days to effect the settlement. This Subsection shall not require consent by the attorney general or the governor if the agreement settles litigation without creating future obligations requiring continuing federal judicial oversight. Any agreement that contains an obligation that exceeds the consenting party's term of office, as a matter of public policy of this state, shall be considered unenforceable against the governmental entity or successor official and an ultra vires act.

            Acts 2025, No. 237, §2, eff. June 11, 2025.

NOTE: See Acts 2025, No. 237, §3 regarding applicability to pending consent decrees and judgements.