STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT RISE ST. JAMES, LOUISIANA BUCKET NO. 2021 CW 0032 BRIGADE, SIERRA CLUB, CENTER FOR CONSOLIDATED WITH BIOLOGICAL DIVERSITY, HEALTHY GULF, EARTH WORKS, AND NO WASTE LOUISIANA NO. 2021 CW 0037 VERSUS LOUISIANA DEPARTMENT OF MARCH 15, 2021 ENVIRONMENTAL QUALITY Intervenor FG LA, LL C and Louisiana Department of In Re: Environmental Quality, applying for supervisory writs, Judicial District Court, Parish of East Baton 19th Rouge, No. 694029. BEFORE: Mr DONALD, - HOLDRIDGE, AND PENZATO, JJ. WRIT GRANTED. The district court remanded this matter to the Louisiana Department of Environmental Quality (" DEQ") prior to its LA, LLC. Without receipt of any merits briefing from DEQ or FG benefit of merits briefing from all parties, the import of any updated EJSCREEN data is unclear. Moreover, in her ' Motion for Judicial Notice of Adjudicative Facts and to Admit Proof of Procedural Irregularities," Intervenor Beverly Alexander only requested the district court consider the updated EJSCREEN data in the of the judicial connection with its consideration of merits review action. Intervenor Alexander did not request that the district court remand the matter to DEQ to consider the additional that the original public notice and evidence, nor did she assert public comment period was insufficient. As such, we conclude that the district court abused its discretion in remanding this matter to DEQ. Notwithstanding the foregoing, La. R. S. 30: 2050. 21( E) allows the district court to remand the matter to DEQ to consider additional evidence when certain conditions are met. On remand, its findings and decision by reason of the DEQ " may modify additional information and shall file that information and any modification, new findings, or decisions with the reviewing court." In remanding here, we further note that the district court exceeded the set forth by the legislature because, in statutory authority addition to instructing DEQ to consider the additional evidence, the district court also ordered DEQ to provide " a more thorough justice notice and receive environmental analysis," " publicly public comment on pollution and health risks from the people of Louisiana in its reconsideration of the environmental justice analysis," and " evaluate the facts and data received in the public comments from the people of Louisiana in its reconsideration of the environmental justice analysis." Accordingly, we grant the writ application and reverse the district court' s December 14, 2020 judgment this matter to DEQ. We remand this matter to remanding the district court for further proceedings. JMM GH AHP COURT OF APPEAL, FIRST CIRCUIT DEPUTY CL RK OF COURT FOR THE COURT