Judge: Negligence Caused Katrina Flooding

(AP)  A federal judge ruled Wednesday that the Army Corps of Engineers' failure to properly maintain a navigation channel led to Hurricane Katrina's massive flooding of the Gulf Coast in 2005.

U.S. District Judge Stanwood Duval sided with five 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 Ninth Ward and neighboring St. Bernard Parish. He said, however, the corps couldn't be held liable for the flooding of eastern New Orleans, where one of the plaintiffs lived.

Duval awarded the plaintiffs $720,000, or about $170,000 each, but the decision could eventually make the government vulnerable to a much larger payout. The ruling should give more than 100,000 other individuals, businesses and government entities a better shot at claiming billions of dollars in damages.

Joe Bruno, one of the lead plaintiffs lawyer, said the ruling underscored the Army Corps' long history of failure to properly protect 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.

CBS News legal analyst Andrew Cohen said that the ruling is unlikely to stand on appeal, especially if it makes it to the U.S. Supreme Court, who would be reluctant to expose the Army to massive liability.

"The damages in this case are not much, but if the principle is followed by other judges in the area, then it could mean a huge expense to the government," Cohen said.

The corps referred calls seeking comment to the Justice Department. The corps had argued that it is immune from liability because the channel is part of New Orleans' flood control system, but the judge allowed the case to go forward.

Many in New Orleans have argued that Katrina, which struck the region Aug. 29, 2005, was a manmade disaster caused by the Army Corps' failure to maintain the levee system protecting the city.

The Mississippi River-Gulf Outlet is a shipping channel dug in the 1960s as a short-cut between the Gulf of Mexico and New Orleans.

[Sloughfoot]

Gives new meaning to the often used term, "act of God" (sorry about that you heathen bast00ds but it is a traditional term and relative).

However, many "Judges" do equate their position or role to that of God.

[louiville35]

by AOCGUY November 19, 2009 9:23 AM EST
louiville35 - that is a ludicrous statement. There is a huge difference between a densely populated city and sparsely populated farmland. And what does that have to do with people who have no means of evacuating? And finally if the Corps was responsible for maintaing the levees and their failure resulted in loss of personal property shouoldn't the Corps be liable for that loss?
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LOL so you are saying they can't walk/run/take a bus to the other side of town. But you think that some rural area and cities that have to go miles upon miles to find high ground with out the aid of public transportation is an an unfair compairison? (shaking head)

BTW just as many died but you don't/didn't see their bodies paraded and used to promote politicians/alledged political leader and money gubbers.

[louiville35]

Oh and by the way you do know that Mississippi was hit harder, right? Have you heard any caterwauling from them? Like I said, New Orleans full of drama kings and Queens (democrats).

[AOCGUY]

What bus? And if you remember, many that did try to walk out were blocked by armed sherriffs that didn't want "those" people crossing into their town. And how about the elderly, sick, etc that physically couldn't walk? And no just as many didn't die elsewhere. I live on the Gulf Coast and have family and friends who were affected - and yes I know the storm hit MS not LA but that's not what this story was about. It is about the US Govt (Corps of Eng) failing to maintain levees and canals that they were responsible for and as a result many people losing their homes businesses and in some cases their lives.

[icjunior97]

People do not know how the Army Corps operates. It is a government contract company. They do reports on what needs to be done and submit them into the government. The government decides which project they are going to do and how much money the Army Corps is going to get to do that project. IF they are not allotted the moeny, they cant do the work. It is that simple. They do not pick and choose which projects they get to do. They were told and given money to build a system that would hold against a Cat 3 storm. That is what was buildt.

[nowhiningallowed]

I'd also like to add that the human catastrophe was also due to the dismissive and neglectful Democrat Mayor and Governor of Lousiana. That many citizens in the New Orleans area didn't even try to get out while imminent danger was regularly predicted and broadcast, also shows a level of dismissive neglectfulness by these people. Perhaps they were willfully waiting for their local and state government to personally come and pick the up and take them out of harm's way? Another example of no personal responsibility and self-reliance. A federal law should also be passed prohibiting any residential areas within at least five miles of bodies of water to minimize the tragedies and claims by people who get flooded, regardless of what causes the flooding who foolishly lived so close to the body of water.

[dagrandma]

If you have no car and you have no money, where are you going to go?

[louiville35]

by dagrandma November 19, 2009 7:57 AM EST
If you have no car and you have no money, where are you going to go?
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Didn't seem to bother the Midwest when their widespread flooding happened, you don't see them still living in trailers five years later, do you? Why because they are not drama kings and queens. Just as much damage but no government needs to save me mentality. In other words, New Orleans people need to be more responsible and self reliant.

[louiville35]

"Duval was born in New Orleans to Stanwood Richardson Duval, Sr."

Yeah like he's not biased, LOL. Don't want to point the finger at the local corrupt political machine in New Orleans

[bradkt1]

The water didn't overflow the levees...the levees broke and the Army Corps of Engineers didn't construct and maintain them properly. Regardless of the reason why, it's still negligence on their part.

If you construct a levee, you have to do it right. It's like the city deciding where to put a traffic signal. The city is not liable if they don't put one at an intersection and an accident happens, but if they put one there and it malfunctions and causes an accident, they are liable.

Even though the Corps knew from the beginning...from their own studies...that they needed to build stronger and higher levees, they didn't do so. There is such a thing as negligence in the design. They are negligent in the design of the levees as well as the failure to maintain them properly. The City of New Orleans and the State of Louisiana might have gone along with this, but they can't immunize the feds from a negligence lawsuit brought by third parties. That does not excuse what the Corps did in a lawsuit brought by the residents who suffered damages when the levees broke.

The CBS story didn't mention it, but the CNN story indicated that its sources at the Corps of Engineers and DOJ were going to try to settle the lawsuits with the residents...all of them...and they should.

[louiville35]

Ummm that isn't how it works the Federal Government works at the bequest of the State. In other words Louisiana overseas anything the Federal Government does in it's state. So the blame is completely on them. Not only that but the local government was entrusted to do the maintenance and oversight, which it did not.

This judge is not the sharpest tool in the shed, and this will likely be overturned. (like several other decisions he's made)

[pensacola8-2009]

The State Legislature of Louisiana refused to raise their drinking age to 21 in the early 1990's and lost their federal highway funding for a couple of years. Since there are no earmarks in the Louisiana state budgeting proccess, they completed their federal highway construction projects by diverting federal levy funds and halting levy projects that were long recognized as essential.

Hurricane Katrina came 10 years after the state wrestled with the funding crisis and had a long time to replenish the funding levels essential to complete the levy upgrade projects, but instead permitted the levy to deteriorate to a weakened condition.

[wheresmycountry]

And still no one talks about the 9 million gallons of crude oil that were spilled in New Orleans. That's the size of the Exxon Valdez spill. The oil companies were not held responsible, but were instead compensated for their losses in the form of tax breaks.

[galbraith45]

and mayor nagan new about this before the hurricane

[erasmus111]

Whoever allowed people to build there are the ones responsible.

[whatithink-2009]

Tell that to Holland.