Judge Throws Out Katrina Suit Against Army

Says Corps Of Engineers Failed To Prevent Levee Breach, But Immune To Prosecution

(AP)  A federal judge threw out a key class-action lawsuit against the U.S. Army Corps of Engineers over levee breaches after Hurricane Katrina, saying that the agency failed to protect the city but that his hands were tied by the law.

U.S. District Judge Stanwood Duval ruled Wednesday that the Corps should be held immune over failures in drainage canals that caused much of the flooding of New Orleans in August 2005.

The ruling relies on the Flood Control Act of 1928, which made the federal government immune when flood control projects like levees break.

The suit led to about 489,000 claims by businesses, government entities and residents, totaling trillions of dollars in damages against the agency.

The fate of many of those claims was pinned to that lawsuit and a similar one filed over flooding from a navigation channel in St. Bernard Parish. It was unclear how many claims could still move forward.

In his ruling, Duval said he was forced by law to hold the Corps immune even though the agency "cast a blind eye" in protecting New Orleans and "squandered millions of dollars in building a levee system ... which was known to be inadequate by the Corps' own calculations."

But, Duval said, "it is not within the Court's power to address the wrongs committed. It is hopefully within the citizens of the United States' power to address the failures of our laws and agencies."

Breaches at both the 17th Street and London Avenue canals allowed flood water to inundate large areas of the city from near Lake Pontchartrain to the north to the edge of downtown.

Throughout the court proceedings, plaintiffs lawyers knew they faced a daunting task because the canals were, over time, used as flood control projects by the Corps.

"I knew we had an uphill battle. But we had to do it," plaintiffs lawyer Joseph Bruno said. "It's an outrage. Read the opinion: The judge reads through all the negligence by the Corps, but says he had to rule the way he had to."

Bruno said the plaintiffs would appeal to the 5th U.S. Circuit Court of Appeals, but he conceded that overturning Duval's ruling would be difficult.

The plaintiffs tried to bypass the immunity issue by claiming that the Corps used the canals as drainage projects and that the levee failures were brought about by canal dredging.

The ruling was another blow to the people of New Orleans, where loathing for the Corps continues unabated.

"This cost people's lives and property," said Gwen Bierria, 66. She is still living in a government-issued trailer on her property abutting the London Avenue Canal and is among the tens of thousands of people who have filed claims against the federal government for damage from the levee breaches.

"Anybody that calls themselves the Army Corps of Engineers should be embarrassed," she said.

Kathy Gibbs, a Corps spokeswoman, said "the Corps agrees with the dismissal of the case" but declined to comment further because other lawsuits are pending over Katrina damage.

Al Petrie, incoming president of the Lakeview Civic Improvement Association, said that few residents who returned to the neighborhood and started to rebuild based their decision on the success or failure of the levee litigation.

Still, many residents will continue blaming the Corps for the disaster no matter what the courts say, he said.

"Over time, anger tends to quiet down," he said. "It doesn't mean people are less cautious. We're still beholden to the Corps to do this right."

New Orleans activists and politicians said they will not give up on holding the Corps accountable.

"We will stick with our mission of education that this was the worst engineering failure since Chernobyl," said Sandy Rosenthal, founder of Levees.org, a group that has lobbied for overhauling the Corps.

Since Katrina, calls for a makeover of the Corps have gained momentum, and the agency, which has acknowledged mistakes, has re-evaluated its procedures for picking and designing projects.

Duval, in his ruling, agreed that legal and bureaucratic change is required.

"The byzantine funding and appropriation methods for this undertaking were in large part a cause of this failure," Duval said, referring to the politics-riddled process Congress has for funding Corps projects.

The Flood Control Act is counterproductive, Duval said, because it negates incentives for good government workmanship and creates an environment where "gross incompetence receives the same treatment as simple mistake."

[seezero]

I think that 1928 act is ridiculous. For all anyone will ever know, government agencies can even mess up flood control projects on purpose or even if someone like criminals with alot of money pays them to mess up to get the influence or effect that they want. This is because of this stupid act.

[brianbwb-2009]

I like the Chinese approach, find the ones directly responsible, and put two to the back of the head. That would curb a lot of similar corruption in the future.

[ahrats]

This is the federal government in action, they are not responcible for their mistakes and the people have to pay for it. On the other hand why do people live in a area that would be under water if the U.S. government did not build the levies in the first place. Since it''s discovery the Mississippi River has been a pet project of the C.O.E. they think they can play god and control this river sometimes they win sometimes they lose, only human. If a hurricane did not hit the area everything would still as it was. I agree the area should be rebuilt but maybe the low areas should be abandoned and used as a buffer zone should the leevies fail again, tell me another hurricane will not hit the area again, I live in FL. its just a matter of time before the next one comes.

[bidder3]

Hurricanes are an act of God,and the COE can only do there best.Maybe home owners should have tryed getting an insurance policy from the COE.
To live in a low area like that you take your chances,and the rest of the United States can''t keep rebuilding the area,because people are to stupid to move out of there.It might be there home ,but theres no way to change the nature of gods acts.

[aggiekat2004]

Well, let''s see. If they would''ve won the suit, then the GOVERNMENT (with our tax dollars) would have to pay off the residents and businesses. So any suit against the COE would actually be paid for by US.

And another thought...hasn''t the government already provided them with housing, money, and other assistance to help get their lives back in order?

While we''re at it, let''s deduct the amount of the goods stolen from businesses in the proposed settlement. After all, who needed big screen TVs and jewelry when businesses opened their doors to help these people? Or here in Texas, those government-provided Visas were being used in outlet malls to buy "bling" and other unnecessary items.

The COE did the best it could. The levees were built long ago. Why don''t you try tracking down the actual engineers and prosecute them. You might be able to drag them out of their nursing homes and have a public whipping.

[aggiekat2004]

Oh yeah. Personal responsibility. The people in New Orleans CHOSE to live in a place that was risky. It''s no different than living in a hurricane-prone area, in a flood plain, or in tornado alley. If you choose to live in that type of area, it''s your CHOICE.

Heck, I wouldn''t live there simply because of the crime. It''s a nasty place, and perhaps they are being punished by their God for living lives of crime, prostitution, and drugs. Gang activity is high, and I''m not sure why any self-respecting law-abiding person would even WANT to live there. Haven''t a lot of professionals, like doctors, left?

It''s like the people who bought into risky loans that were ARMs. You were a bad credit risk, you took out more than you could afford, now you want the rest of us to pay for your bad decision.

This country is seriously lacking in personal responsibility.

[mcv57]

I am not surprised. The Rip-Off of Enron entailed mainly white folks, did black folks think they were going to receive greater justice. H*EL*L NO.

I how this country is getting ready for the breadlines.

[mcv57]

I HOPE this country is getting ready for the breadlines.

[hillaryin08]

I HOPE this country is getting ready for the breadlines.



--------------------------------------------------------------------------------

Posted by mcv57 at 07:45 AM : Jan 31, 2008

Dont you mean YOU hope the country is getting ready for breadlines?

[scoliosuxs]

If you live anywhere in the US you are prone to flooding. The hurricane did not directly hit New Orleans it hit the gulf coast. The levees failed due to human error and lack of maintenance. The levee boards squandered the money and the residents paid, some with their lives. The COE needs to be made to stick to the promise of rebuilding the levees to support at Cat 5. Or maybe you like paying more for your everday items that come thru the Port of New Orleans just choose not to rebuild and see what happens. Let''s not even go into the price of petrol if you close the port. And to whoever said God did this to clean the city. The French Quarter did not flood. You would think that if God did want to rid the place of decadance he would have gone there first. New Orleans has it''s problems but the citizens are working hard to rebuild. And remember God don''t like Ugly.

[sgtrds]

Before some idiot Bush as*skisser says the usual ignorant thing they always say in any Katrina story, NO liberals do not blame Bush for the storm! However we DO blame him for his completely sh*itty response to it.

[nolalou]

aggiekat2004 , the corps DID NOT do the best it could, there was shoddy design, shoddy workmanship, and contracts who didn''t even follow the designs they were given! If you drive over a bridge that collapses, would you say "oh well, they did the best they could?" Give me a break!

[godseyesore-2009]

Government protects its own. Duh.

[creeper00]

May I say a word on behalf of the Corps of Engineers?

For years and years this agency has been asking for funding to strengthen our levees and improve our locks and dams.

For years and years Congress has been denying them the money they need.

Now they''re the scapegoat, when the blame for the debacle that was Katrina should lie squarely at the feet of politicians, not the Corps.

They couldn''t fix the problems without funding to do so. It''s just that simple.

[inventagod]

And yet mercenaries get to sue the Army....

http://www.truthout.org/docs_2006/013008R.shtml

Go Halliburton!!!


http://www.truthout.org/docs_2006/013008R.shtml

[tucano2]

Federal employee excuses another Federal department from having to own up to its gross negligence, causing untold grief, destruction, and death to those taxpayers who paid both the judge and the army. Talk about injury added to insult!

[bencas4]

The government knew about the potential for disaster in New Orleans for years. It is well documented. They chose not to be proactive by funding the repairs. Therefore, the government chose the disaster. Remember that in November.

As far as the engineers, they were and are government employees. Ever observe how government employees work? Certainly not the sharpest knives in the kitchen. Being cost effective and efficient is not associated with government workers. That being said, the poor people in New Orleans were screwed from the beginning.

Now by allowing the 1928 act to continue, there is no accountability. What is the motivation to prevent such a disaster in the future?

[georgiagrl1]

Wow! How convient for the Army Corps of Engineers and the Federal Government.

[killtheliars]

as citizens we need to start demanding the same treatment that govt'' agencies and big corporations recieve.
Since they will not willing give this to us we need to join together and take action to make sure we get our way. The first thing I would recommend is that everyone should stop having income taxes taken out of their pay checks. This would severly limit the ability of the government to spend money. Then if we the people are not happy with the way things are being run we can refuse to send in our taxes every April. Go to court over it tie up the judicial system and the IRS. Create enough gridlock and they will start listening.
It is time we took thigs over. After all what good is having a country and government if they do not work to your advantage?

[gunnerv1]

MOVE!!!!!!! (but not near me)

[gunnerv1]

SgtRDS do you put any blame at the feet of Nagin or Blanco? Them first, because they were supposed to react first. They had the same weather warnings as everybody else!

[Scooter68]

While the Corps of Engineers certainly cannot claim innocence in this case. The Mayor of New Orleans and the Governor of the state ultimately are the most responsible for any loss of life and property damage. They are the ones who could have called for evacuations in a timely manner. They are the ones who could have set limits on buildings and residences that might have mitigated or limited the extent of the damage. Instead, they delayed or failed to make decisions and then tried to blame everyone else for their failings. Remember if you are driving down the road and see someone step out into the street and you fail to make any attempt to avoid them when a reasonable person would do so... then you are at fault. Empty Nagin and his pathetic crew had the last chance to avoid that disaster and he failed to act. That is where the blame should be places. The Federal breaucracy is not blameless but Blanco and Nagin failed to make the decisions that could have saved lives and property.

[lochlan-2009]

creeper00 - you''ve got a point. In 2003 the Bush administration cut New Orleans flood control funding by 44 percent to pay for the Iraq war. In early 2001, the FEMA issued a report that stated a hurricane striking New Orleans was one of the three most likely disasters in the U.S., including a terrorist attack on New York City.

[hawksprings]

You really shouldn''t build your city BELOW FREAKIN'' SEA LEVEL.

Good grief.

[neoconrcrazy]

Judge throws out case.....WH throws out emails..

www.citizensforethics.org

"White House Admits Destroying Back-up Copies of Emails

On January 15th 2008, in a court filing submitted in response to CREW''s lawsuit, the White House admitted destroying back-up copies of some of its emails. Over 10 million emails are missing from between March 2003 and October 2005 and the White House stated that up until October of 2003, back-up tapes containing the only copies of some of the missing emails were recycled. "

Did anyone expect anything else from this gang ?

[cmp271]

Where is the money that was given to Louisiana for this project? Who''s pocket did it line?

The Army Corps is not responsible for this mess-New Orleans is!!