Judge Ponders Army Corps Liability in Katrina
Catastrophe~
Testimony has ended in a landmark lawsuit by six New Orleans
flood victims against the U.S. Army Corps of Engineers,
charging the Corps with negligence in maintaining the
Mississippi River Gulf Outlet (MR-GO, pronounced
“mister go”) shipping channel. According to
the suit, the Corp's construction and management of the channel
increased the hazard associated with the storm surge, and led
to the disastrous flooding that drowned much of the city during
2005's Hurricane Katrina.
Federal lawsuits against the U.S. Government are decided by
judges, not by juries. If District Court Judge Stanwood Duval
finds for the plaintiffs, the decision could open the
floodgates for billions of dollars in federal liability for the
destruction of New Orleans property after the storm. The New
Orleans Times-Picayune covers the story
("
MR-GO flooding suit in judge's hands," by Mark
Schleifstein), as does the Christian Science Monitor
("
Katrina trial: New Orleans' truth commission," by Patrik
Jonsson). Also, New Orleans TV station WDSU's
Heath Allen interviewed plaintiff's attorneys at the start
of the trial.
Judge Stanwood previously threw out a similar class action
suit against the Corps, based on Federal law that grants the
agency immunity from lawsuit for levee failure. But in the
MR-GO suit, Robinson v. United States, Stanwood ruled that the
immunity does not extend to shipping channels like the gulf
outlet.
Plaintiffs charge that the outlet channel is the main reason
that New Orleans flooded: they say the outlet funneled the
storm surge into the city, and that the Corps knew for years of
this risk. They also say the levees lining the channel were
allowed to deteriorate to the point of grave danger —
and that the Corps knew this as well. The government contests
both these points. After a month of testimony from experts on
both sides, the decision now rests in the hands of Judge
Stanwood.
The case has also spun off another mini-controversy: the
case of LSU geology professor Ivor Van Heerden, a long-time
critic of the Corps who testified for plaintiffs in the trial.
LSU fired the professor in April, citing a conflict of interest
and violation of University policy. A New York Times news blog,
The Lede, covers that story
("
Louisiana State Fires Hurricane Expert Who Warned of Katrina
Flooding," by John Schwartz).
For more information, the
complaint
in the Robinson v. United States lawsuit is available online,
As is plaintiff's attorney
Pierce O'Donnell's
blog.