Saturday, February 03, 2007

Federal Liability for Katrina Damage (Updated)

According to the New York Times, a federal court has ruled that the Flood Control Act's blanket immunity for flood damage does not apply to flooding caused by MRGO, because MRGO was designed as a navigation project rather than a flood control project.

The Times did not mention the FTCA discretionary function exception, but more recent reports on the Env. Law list indicate that the court also found this exception imapplicable because of a statutory violation by the Corps involving the Fish and Wildlife Coordination Act. It seems a safe bet that the feds will appeal.


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