KATRINA LITIGATION NOT OVER!


From the Disaster Law list-serve maintained by Berkeley Law School:

The 5th Circuit just affirmed the lower court decision in the Katrina Levee Breaches Litigation. The Court basically rejected Flood Control Act immunity unless the "damages result from waters released by flood control activity or negligence therein." I assume this is headed to the United States Supreme Court. If this case is not overruled, it will have a devastating effect on coastal wetlands. As I argue in the article linked below, this ruling will force the Corps into building levees everywhere that hurricane surge might threaten a populated area. These barriers will prevent wetlands from migrating inland as the ocean rises, leaving major sections of the coast with the ocean breaking against a levee. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2004679 Ed Edward P. Richards, JD, MPH Director, Program in Law, Science, and Public Health Clarence W. Edwards Professor of Law LSU Law School Baton Rouge, LA 70803-1000 richards@lsu.edu http://biotech.law.lsu.edu http://sites.law.lsu.edu/coast/ http://ssrn.com/author=222637 

 

 

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