[StBernard] A win for New Orleans

[Westley Annis]

A win for New Orleans
Why the Army Corps should compensate city residents

Monday, November 23, 2009 



ASK RESIDENTS of New Orleans who they think was responsible for the drowning
of their city during Hurricane Katrina in 2005, and without hesitation many
will say the Army Corps of Engineers. U.S. District Judge Stanwood R. Duval
Jr. backed that assessment in a blistering ruling last week that held the
federal agency liable for damages. After earlier dismissing the claim that
construction of the 44-year-old Mississippi River-Gulf Outlet (MRGO)
shipping channel was responsible for the flooding of the Crescent City, he
ruled that the Corps's neglect of the 76-mile passage contributed to the
disaster. 

"It is this court's opinion that the negligence of the Corps, in this
instance failing to maintain the MRGO properly, was not policy, but
insouciance, myopia and shortsightedness," Judge Duval wrote. Noting that
the Corps had known for more than 40 years about the deterioration of the
MRGO, he added, "The Corps had an opportunity to take a myriad of actions to
alleviate this deterioration and failed to do so. Clearly, the expression
'talk is cheap' applies here." 

As the MRGO eroded, so did the levees. Judge Duval wrote that because of
what he described as "monumental negligence," the channel grew "to two to
three times its design width." This "created a more forceful frontal wave
attack on the levee" that was supposed to protect St. Bernard Parish and the
Lower Ninth Ward from the storm surge. 

The lawsuit was brought by seven plaintiffs. Judge Duval ruled against the
plaintiffs from New Orleans East but awarded $720,000 to those from St.
Bernard and the Lower Ninth. 

The judge's decision could lead to thousands of people joining class actions
seeking billions of dollars in damages. Lawyers for the plaintiffs are
calling on the federal government to offer a universal settlement with the
people of New Orleans. The Obama administration and members of Congress
should listen. While there are limits on how much people should expect --
the government is strapped for cash, after all -- it's difficult to see what
purpose would be served by dragging this case through appeals all the way up
to the Supreme Court. Unless the government has a persuasive defense for the
negligence decried by Judge Duval, it would be better to settle now.