Courts vs. Communities: Should Judges Override Local Land-Use Decisions?

Can the courts substitute their judgment for the reasonable judgment of local governments when it comes to land use? That’s the question counsel for St. James Parish put to the Louisiana Supreme Court when it heard oral argument in Beverly Alexander, et al., v. St. James Parish on January 22, 2026. At issue is the St. James Parish Planning Commission and Parish Council’s unanimous approval of an ethane pipeline connection that would boost production at an existing facility. A group of mostly out-of-state activists challenged the local approvals, which were upheld by a trial court, but reversed by the Louisiana Fifth Circuit. On appeal, the Fifth Circuit improperly applied a “de novo” standard that allowed the court to re-examine the Parish’s land use ordinance from scratch rather than defer to local official’s interpretation. 

Regulating land use is a function of a local government’s police power and is guaranteed by the Louisiana Constitution of 1974. Article VI, §17 provides, in part, that “a local government subdivision may…adopt regulations for land use, zoning, and historic preservation, which authority is declared to be a public purpose.” Local officials-who are elected by members of their communities-are better suited than a court to understand the needs of their constituents. That’s why courts are only supposed to overturn local decisions if they are “arbitrary or capricious”. Counsel for St. James Parish reminded the justices that this standard presents a high bar. He asserted that so long as the Council’s interpretation of the land use ordinance is legal, reasonable, and doesn’t violate the constitution, then they are acting squarely within their police power to regulate land use in the Parish.

Aside from the question of who decides, getting this case right is important to Louisiana’s future economic growth.  Predictable, stable regulatory frameworks are essential for economic growth. Businesses need to know that when they work in good faith with local authorities, obtain required approvals, and invest millions of dollars based on those approvals, courts won’t later reverse those decisions based on technical reinterpretations of local ordinances. Unfortunately, the Fifth Circuit’s second-guessing the Parish Council’s decision opens the door to endless litigation, delays, and costs that will discourage both existing businesses from expanding and new businesses from locating in Louisiana. The Louisiana Supreme Court should be guided by principles of regulatory predictability and respect for democratic processes and correct this error. 

Melissa Landry is the Director of the Center for Energy at the Pelican Institute for Public Policy