[StBernard] Corps' operation of MR-GO doomed homes in St. Bernard, Lower 9th Ward, judge

[Westley Annis]

Corps' operation of MR-GO doomed homes in St. Bernard, Lower 9th Ward, judge
rules
By Mark Schleifstein, The Times-Picayune 
November 18, 2009, 8:00PM

In a groundbreaking decision, a federal judge ruled late Wednesday that the
Army Corps of Engineers' mismanagement of maintenance of the Mississippi
River-Gulf Outlet was directly responsible for flood damage of homes in St.
Bernard Parish and the Lower 9th Ward of New Orleans after Hurricane
Katrina. 



The decision by U.S. District Judge Stanwood Duval Jr. could result in the
federal government paying $700,000 in damages to three people and a business
in those areas, but also sets the stage for judgments against the govenment
for damages by as many as 100,000 other residents, businesses and local
governments in those areas who filed claims with the corps after  Katrina. 

If successful, the damage claims could total billions of dollars. 

Duval ruled, however, that WDSU-TV anchor Norman Robinson and his wife were
not entitled to damages because the corps' dredging of the MR-GO did not
affect the levee system that protects eastern New Orleans from hurricane
storm surge. That probably means eastern New Orleans residents also would
not be able to collect on claims they've filed against the corps, said
attorneys representing plaintiffs in the case.

"The people of this city have been vindicated," said attorney Joseph Bruno,
a leader of the large team of lawyers who represented the plaintiffs. "They
didn't do anything wrong and it's time they be compensated." 

"Judge Duval exposed 40 years of the Army Corps of Engineers' gross
malfeasance with regard to the operation and maintenance of the MR-GO," said
Pierce O'Donnell, a Los Angeles-based attorney and co-leader of the
plaintiff's legal team. "His decision is an extreme condemnationof the lack
of concern for the safety of New Orleans and St. Bernard residents." 

A Justice Department spokesman was not immediately available late Wednesday
to respond to the ruling, but the government is expected to appeal the
decision to the U.S. 5th Circuit Court of Appeals, and then to the U.S.
Supreme Court, if necessary. 

The corps has estimated that it received more than 490,000 claims forms in
the aftermath of Katrina and Hurricane Rita in 2005, but those forms include
many from areas not covered by this decision. 

"Until such time as the litigation is completed, including the appellate
process up to and through the U.S Supreme Court, no activity is expected to
be taken on any of these claims," corps spokesman Ken Holder said. 

Bruno and O'Donnell said they expect to travel to Washington, D.C., as early
as next week to try to convince members of the administration of President
Barack Obama and members of Congress to consider revisiting requests for
compensation by New Orleans-area residents  in both the areas covered by the
decision and in other areas flooded by corps-related failures of levees.

Duval had ruled last year that, while failures of flood control structures
might be the cause of damage in other areas, a 1928 federal law granted the
corps immunity from damages. In that ruling, however, he said that the
immunity clause did not extend to the MR-GO, which was a navigation channel
and not a flood control structure. 

"We're hoping the new administration and the new Congress will view this
decision in a new light," O'Donnell said. "This decision should act as a
catalyst to finally work out a settlement for all the people of New
Orleans."