Wednesday, April 22, 2009
St. Bernard Parish after Hurricane Katrina
The US Army Corps of Engineers, builder of the levees and canals in New Orleans, has managed to dodge lawsuits that sought to blame the federal government for the destruction wrought on the Lower Ninth Ward and St. Bernard Parish after Hurricane Katrina struck in August 2005. But a civil case that began in federal court on Monday is focusing on a new legal approach that may result in the Corps being found liable for causing the destruction of hundreds of houses.
The lawsuit, brought by six homeowners, claims that the Corps did a poor job of building a navigation canal in 1968 that allows vessels to travel from New Orleans straight to the Gulf of Mexico. Dubbed the “hurricane highway” by experts, the canal helped carry the storm surge from the Gulf into the city, according to plaintiffs, who add that the Corps’ work on the channel killed nearby wetlands and swamps that would have aided in flood control efforts.
What sets this case apart from earlier Katrina lawsuits is the fact that it is focusing on the navigation canal, whereas previous litigation dealt with levees and flood control projects in New Orleans. The federal government has historically enjoyed strong legal protection against lawsuits related to collapsing levees, which has protected the Corps to date. Even with this new legal tactic, the judge presiding over the case has said that a “heavy burden” still rests with the plaintiffs to prove that the government was negligent in building the navigation canal and that the mistakes, not Katrina, were the primary cause of the damage.
-Noel Brinkerhoff
Civil Lawsuit Over Katrina Begins (by John Schwartz, New York Times)
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