Planned Parenthood is appealing a state health department rejection of its application seeking to perform abortion services in New Orleans.

The organization said it filed a notice of appeal Tuesday with the state Division of Administrative Law, rather than file a lawsuit challenging the rejection.

In a January letter, the Department of Health and Hospitals said Planned Parenthood didn’t demonstrate the need for another abortion facility in Louisiana as required under regulations enacted in 2012.

Abortion rights supporters accuse Gov. Bobby Jindal’s administration of using the regulations to limit access to the procedure.

Louisiana has five abortion clinics. Planned Parenthood’s $4 million health center in New Orleans is under construction and expected to open later this year. It would be the third clinic offering abortions in the New Orleans area.