Katrina Ruling Could Open Floodgates to Suits, But Will It Survive?
A ruling blaming the federal government for flooding in New Orleans during Hurricane Katrina could lead to a flood of lawsuits and affect funding for a coastal restoration project.
Last week a federal judge ruled the Army Corps of Engineers was negligent in maintaining a navigation channel, leading to the failure of the levees protecting the city. New Orleans Mayor Ray Nagin said the ruling would likely “open the floodgates” to lawsuits, “the city of New Orleans included,” the Associated Press reports.
The government is expected to appeal the decision by U.S. District Judge Stanwood Duval Jr., and the ruling could be overturned, the New York Times reports. The government had argued the Corps was immune from suit, a claim rejected by Duval because the Corps had failed to file new environmental impact statements as levee banks eroded, according to the Times. An appeal would go to the New Orleans-based 5th U.S. Circuit Court of Appeals, which has been hostile to environmental plaintiffs.
Lawyers for plaintiffs in the case plan to talk to congressional leaders about crafting a settlement for 400,000 people affected by the floods. USA Today says the ruling presents a dilemma for regional leaders.
“Should they ride the lawsuit’s momentum and try to extract potentially billions of dollars from the federal government to compensate Katrina victims?” USA Today asks. “Or should they keep the focus on getting federal help for Louisiana’s multibillion-dollar coastal restoration efforts?”
