[StBernard] A victory for Katrina flood survivors?

Westley Annis westley at da-parish.com
Wed Nov 25 20:26:00 EST 2009


Editors note: I have not read this story completely, but just want to warn
that it is from Louis Farrakan's newspaper.



A victory for Katrina flood survivors?
By Jesse Muhammad -Staff Writer-
Updated Nov 25, 2009 - 6:51:41 PM



Army Corp of Engineers partly responsible for Katrina disaster

(FinalCall.com) - In what is being hailed as a ground breaking decision, a
federal judge recently ruled that the Army Corps of Engineerswere directly
responsible for flood damage in St. Bernard Parish and the Lower 9th Ward
following Hurricane Katrina, due to poor management of maintenance at the
Mississippi River-Gulf Outlet(MR-GO).

"The failure of the Corps to recognize the destruction that the MR-GO had
caused and the potential hazard that it created is clearly negligent on the
part of the Corps," said U.S. District Judge Stanwood Duval Jr. in his
ruling on Nov. 18.

The judge's ruling in a civil lawsuit could result in the government handing
out $700,000 in damages to the plaintiffs, which includes three residents
and a business in those areas. The ruling includes some 100,000 homes and
business in the defined areas.

"Furthermore, the Corps not only knew, but admitted by 1988, that the MR-GO
threatened human life. Yet it did not act in time to prevent the
catastrophic disaster that ensued with the onslaught of Hurricane Katrina,"
said Judge Duval in his ruling.

"This is huge. This was a surprise but a pleasant one. I hope the decision
will open up the floodgates for others to file lawsuits against the federal
government," said New Orleans Mayor Ray Nagin.

"This ruling highlights the fact that Hurricane Katrina's damage was
exacerbated by the failure of the Corps of Engineers to properly operate and
maintain water resources projects in Louisiana," said Gov. Bobby Jindal.

"I hope this decision will serve as a catalyst for the corps, Congress and
the administration to aggressively move forward on hurricane protection and
coastal restoration efforts in Louisiana," Gov. Jindal said.

The legal team representing the plaintiffs is pressing the Obama
administration to move swiftly to compensate their clients and the other
impacted residents.

"It's time that we stopped litigating and we started negotiating," said Los
Angeles-based attorney Pierce O'Donnell, who co-represented the plaintiffs.

"The day that the first explosion was delivered to the cypress forest to
begin digging and developing the MR-GO was the first day of public outcry
that this was going to be the ruination of St. Bernard Parish," said Craig
Taffaro, St. Bernard Parish president.

"In terms of the judicial process, this decision is revolutionary. In terms
of social justice, it's a start but it's not enough. It's not over yet," New
Orleans activist Mtangulizi Sanyika, told The Final Call.

"It's a bittersweet victory in the sense that: yes, we are at the table,
yes, we are grateful for the judge's ruling, for the legal team to deliver
us to this point. But what a shame that we had to go through such
devastation and destruction to get here," said Mr. Taffaro, who hopes his
parish will also receive compensation for damages reportedly exceeding $1
billion.

"The Justice Department could continue the scorched earth policies of the
prior administration and stonewall the people of New Orleans and St. Bernard
Parish for years to come," said Mr. O'Donnell. "Or the new president and his
Justice Department can honor (Mr. Obama's) campaign promise and his recent
promise in New Orleans to do the right thing by the people of New Orleans
and St. Bernard Parish."

Mr. O'Donnell led the legal team along with attorney Joseph Bruno of New
Orleans. Following the ruling, both said any settlements should also include
compensation for residents and businesses of other flooded areas not
included in the ruling.

"The department is currently reviewing Judge Duval's decision," said Justice
Department spokesman Charles Miller. "We have made no decision as to what
the government's next step will be."

The Justice Department is expected to appeal the ruling to the Supreme Court
if necessary. If that appeal hampers the brokering an out of court
settlement, the attorneys are prepared to ask Judge Duval to certify the
case as a class action suit. This would include issuing a direct judgment
against the corps to ensure they are liable for claims filed against them.

"In the coming days, I will be working directly with President Obama to
ensure that his administration understands the implications of this decision
and the immediate need for the government to reach a final resolution for
the people of New Orleans and St. Bernard Parish," said Sen. Mary Landrieu.

Community leaders see this as a much needed victory against the federal
government that could set the stage for compensating thousands of victims
for billions in claims filed the last several years. They are also worried
about the damaged areas being exempted from the judgment, because Judge
Duval said MR-GO did not affect the levee systemprotecting areas such as
eastern New Orleans.

"I think the judgment is a small step in the right direction, however, what
about those who live outside of the Lower 9th Ward, which was impacted by
the breeches of levees inside the city that were supposed to protect it? The
lawsuit doesn't benefit them," Willie Muhammad of the Nation of Islam told
The Final Call.

"Although I am happy for my fellow Katrina survivors who will benefit from
this ruling, I need compensation too. I was left out along with thousands,"
said Kimberly Robinson, a native of east New Orleans now residing in
Houston.

Ms. Robinson told The Final Call she lost her home four years ago and "has
yet to recover. I have been struggling psychologically and financially. So I
hope down the line all of us will be compensated. The government owes us all
something."

Mr. Sanyika, who resided on the east side of New Orleans, lost everything in
2005. He would like to see this judgment result in a class action suit that
includes everyone impacted by floodwaters.

"Many are not pleased that the judge did not see fit to include the east
side," said Mr. Sanyika, who heads the African-American Leadership Project.
"We will be meeting in the next few weeks with officials to see how we can
get others included."

In August of 2005, over 80 percent of New Orleans was submerged underwater,
leaving thousands dead and hundreds of thousands dispersed in over 40 states
throughout the nation. Former President George W. Bush and his
administration drew harsh criticism from across the world as scenes of
floating bodies, stranded Black families atop roofs and dying elderly
streamed across the television and internet.

"I would have liked to have seen the judge rule against the 1928 federal law
that grants the corps immunity against lawsuits for inferior work. Basically
they have a law that protects them from their own inferior work," said Mr.
Muhammad.

"The buzz in the community is that we would have loved for it to include the
east side residents because they suffered too," activist Malcolm Suber told
The Final Call.

"We have been burned so many times with promises, that even in the wake of
this judgment, people have a wait and see attitude. But compensation would
be great," said Mr. Suber, who is with a coalition helping residents to get
jobs.

"For the people of Greater New Orleans who lost their loved ones and their
homes during this horrific storm, this news is too little too late,"
commented Sen. David Vitter (R-La.). "But perhaps this decision can serve as
a warning for the future and as a means to help bring some form of relief to
the victims of this storm."

"This decision also confirms my belief that we need sweeping change to flood
protection, coastal restoration, and water management for our cities, large
and small, in Louisiana," said Sen. Landrieu "The Corps of Engineers can no
longer be relied upon as the lone agency charged with protecting our coastal
communities."




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