Judge: Corps of Engineers can be sued over Katrina flooding

Source: AP

5/2/2008, 5:59 p.m. CDT
By CAIN BURDEAU
The Associated Press

NEW ORLEANS (AP) — The Army Corps of Engineers can be held liable for flood damage caused by a navigation channel known as a "hurricane highway" because it allegedly funneled Hurricane Katrina's storm surge into the city, a federal judge ruled Friday.

The Corps of Engineers argued that channel is part of the city's flood control system, so the corps is immune from liability. Under federal law, the federal government cannot be sued if something goes wrong with a flood control project such as a levee, reservoir or dam.

Judge Stanwood Duval dismissed that argument. He said the Mississippi River-Gulf Outlet, or MRGO, was clearly a ship channel and not a flood control project.

Plaintiffs' lawyers said Duval's decision is a victory for homeowners, who have suffered a series of setbacks in their efforts to hold the government legally responsible for storm damage.

Read more: http://www.nola.com/newsflash/index.ssf?/base/news-38/1209765873180900.xml&storylist=louisiana

One of the few remaining fair judges that have not been purged from the system.

Per Wikipedia: The judge became an object of political consideration in the 2003 gubernatorial campaign, when the unsuccessful Republican candidate, Bobby L. Jindal, lashed out at "liberal" judges. According to WWL-TV's website: "A campaign mailing by supporters of . . . Jindal has a New Orleans-based federal judge and members of his Houma family seeing red. The literature, though it doesn't specifically name him, labels U.S. District Judge Stanwood Duval, II, as a 'left-wing' jurist." <7>

Judge Duval also issued rulings in 2005 and 2006 in reference to the constitutional rights of victims of Hurricane Katrina. He extended the time that hurricane evacuees could continue receiving taxpayer-funded hotel stays.<8>

to recoup their losses. I bet the suits will be hitting clerk's office Monday morning.

incompetent assholes are killing America!

Otherwise, the taxpayers will get stuck with the ultimate bill.

Can't we just sue Bush?

Suit will prolly get dismissed at a higher court level, where ever Bush's judge is installed.
But still....


I learned a great deal abut the The Army Corps of Engineers from the book

Rising Tide: The Great Mississippi Flood of 1927 and How It Changed America.
(most excellent read, btw)

From the beginning The Corp. was hell bent on doing things wrong.

It is there to shorten the length/time ships have to travel to get from the gulf to NO. "flood control system" my fine butt. Good for him.

So much of the flooding on the Coast after Katrina was due to poor Army Corps of Engineers designs and implementation. I'm glad someone in the judicial system has recognized that.

K&R :kick: for justice!