The news is a few weeks old but still creating waves: a federal judge ruled in November that “gross negligence” by the Army Corps of Engineers was responsible for some of the flooding from Hurricane Katrina in 2005.
US District Judge Stanwood Duval Jr. said that the Corps was aware of, and had admited, problems with the Mississippi River-Gulf Outlet but failed to fix them, and he awarded a total of $719,000 to a group of flood victims from New Orleans’ Lower 9th Ward and St. Bernard Parish. It was the first time the government has been held responsible for any flood damage from Katrina, and the decision (which the government has said it will appeal) opens the door for other suits.
However, Judge Duval did draw a distinction between the damage resulting from the MRGO and other Katrina-related claims. He ruled in 2008 that under federal law, the Corps has immunity from damages caused by the failure of various flood-control structures. The difference in this case is that the MRGO is a navigation channel, not primarily a flood-control structure, and the immunity does not apply. He said essentially that the Corps’ activities in the MRGO—such as failing to armor the channel’s banks to protect against ship wakes and allowing saltwater to encroach on and destroy wetlands—contributed to the destruction of a section of levee.
What do you think of the precedent this ruling sets—not only for Katrina-related damage, but for federal responsibility for maintenance of infrastructure? Do you agree with the judge’s ruling?