Katrina ruling may cost feds


Thursday, November 19, 2009 | 1 comment(s)

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NEW ORLEANS (AP) — The federal government could be vulnerable to billions of dollars in claims after a judge ruled that the Army Corps of Engineers’ failure to properly maintain a navigation channel led to massive flooding in Hurricane Katrina.

U.S. District Judge Stanwood Duval on Wednesday awarded seven plaintiffs $720,000, but the government could eventually be forced to pay much more. The ruling should give more than 100,000 other individuals, businesses and government entities a better shot at claiming damages.

Duval sided with six residents and one business who argued the Army Corps’ shoddy oversight of the Mississippi River-Gulf Outlet led to the flooding of New Orleans’ Lower 9th Ward and neighboring St. Bernard Parish. He said, however, the corps couldn’t be held liable for the flooding of eastern New Orleans, where two of the plaintiffs lived.

Duval referred to the corps’ approach to maintaining the channel as “monumental negligence.”

Joe Bruno, one of the lead lawyers for the plaintiffs, said the ruling underscored the Army Corps’ long history of not properly protecting the New Orleans region.

“It’s high time we look at the way these guys do business and do a full re-evaluation of the way it does business,” Bruno said.

He said he expected the government to appeal.

The corps referred calls seeking comment to the Justice Department. Spokesman Charles Miller said the government would review the judge’s ruling before making any decision on how to proceed.

During trial testimony, government lawyers and experts argued the levee system was overwhelmed by the massive storm, and levee breaches couldn’t solely be blamed on the shipping channel dug in the 1960s as a short-cut between the Gulf of Mexico and New Orleans.

The corps had also unsuccessfully argued that it is immune from liability because the channel is part of New Orleans’ flood control system.

In his 156-page ruling, Duval said he was “utterly convinced” that the corps’ failure to shore up the channel “doomed the channel to grow to two to three times its design width” and that “created a more forceful frontal wave attack on the levee” that protected St. Bernard and the Lower 9th Ward.

“The Corps had an opportunity to take a myriad of actions to alleviate this deterioration or rehabilitate this deterioration and failed to do so,” Duval said. “Clearly the expression ’talk is cheap’ applies here.”

Ahead of Duval’s ruling, experts had said it would likely have consequences for the way the Army Corps does business nationwide.

Pierce O’Donnell, another lead plaintiffs lawyer, said the ruling was the “first time ever the Army Corps has been held liable for damages for a major catastrophe that it caused.”

The plaintiffs lawyers would like Congress to set up a compensation fund to speed up payments to the thousands of others whose claims must still be heard in court.

At a one-month trial in May, experts clashed over the causes of flooding and the channel’s contribution to it.

Government experts argued the levees and floodwalls would have failed regardless of whether the channel had been dug.

By contrast, the plaintiffs’ team of experts said the outlet became a “hurricane highway” that funneled storm surge into New Orleans. They said that without the channel, the flooding would have been minimal.

The lawsuit was the first major case against the federal government over Katrina flooding to go to trial. A decision rested with Duval because a jury cannot try a case against the federal government.
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howzithappen wrote on Nov 19, 2009 5:08 PM:

A more important question is why are they being allowed to build and live in an obvious WETLAND? The whole city of New Orleans is below sea level. Federal weather forcasters warned about Katrina several days before it hit but the people who wanted to blame the Feds refused to leave.


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