How the judgement against the Corps of Engineers in New Orleans affects you

Razing equipment on the Missisippi River Gulf Outlet dike near Bayou Bienvenue in St. Bernard Parish (photo by Sandy Rosenthal, Mar 23, 2008)

Razing equipment on the Missisippi River Gulf Outlet dike near Bayou Bienvenue in St. Bernard Parish (photo by Sandy Rosenthal, Mar 23, 2008)


Though some news sources are focusing on the financial burden of federal Judge Stanwood Duval’s recent judgement in New Orleans, most articles are about the nationwide ramifications.

For example, the Chicago Tribune story begins with this:

“The harshly worded legal ruling this week that held the Army Corps of Engineers responsible for much of the flooding during Hurricane Katrina could have far-reaching effects on national flood control policies and on the federal government’s long-held refusal to take responsibility for its errors….”

I predict that attention will fall to an 81-year old law on the books that gives our Army Corps no incentive to engineer structures properly, and metes out no consequences should its work fail.

This is important to you because the majority of the nation’s population lives in counties protected by levees. And the most important levees are built by your Army Corps.

Judge Duval’s ruling shows the Flood Control Act of 1928 must be repealed. It must be done before the administration receives another judgement against it.

And most importantly, it must be done before more lives are lost.

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Levees.org: On Judge Stanwood Duval’s ruling

A friend just congratulated me for being part of the reason the federal government must be held responsible for (some) of the flooding on August 29, 2005 in metro New Orleans. “That must be a huge reward for you!” she wrote.

To me, the reward is helping the American people understand that the 2005 levee failures in metro New Orleans were indicative of a national problem, and not a symptom of local corruption.

Cambell Robertson
with New York Times said it well.

“…It was the first time that the government has been held liable for any of the flooding that inundated the New Orleans area after Aug. 29, 2005, vindicating the long-held contention of many in the region that the flooding was far more than an act of God….”

With over half the American population living in counties protected by levees, the true issues should hopefully be more clear not just to Americans, but to our nation’s Congress.

Dramatic changes must take place in the way water projects are approved, funded, and implemented. And it took someone like Judge Duval to drive that point home.

UPDATE: David Conrad, Senior Water Resources Specialist with the National Wildlife Federation says in an email to me, “…the finding that the Corps is not shielded from liability for damages caused by their projects is a giant decision which may ultimately and fittingly cost the government billions and billions of dollars. This agency certainly needs to be reformed….”

Click here for Judge Duval’s judgment.

Click here for Judge Duval’ opinion.

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BREAKING: Federal judge rules Corps of Engineers liable for flood damage

In a groundbreaking decision, a federal judge ruled late Wednesday that the Army Corps of Engineers’ mismanagement of the Mississippi River-Gulf Outlet was directly responsible for flood damage of homes in St. Bernard Parish and the Lower 9th Ward of New Orleans after Hurricane Katrina.

Plaintiff attorneys Joe Bruno and Pierce O’Donnell said they expect to travel to Washington, D.C., as early as next week to try to convince members of the administration of President Barack Obama and members of Congress to consider revisiting requests for compensation by New Orleans-area residents in both the areas covered by the decision and in other areas flooded by corps-related failures of levees.

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