Whatever the failings of the Army Corps of Engineers, the Flood Control Act of 1928 makes clear that federal taxpayers cannot be forced to pay through litigation for the catastrophic collapse of the levees, so there goes the multi-trillion-dollar class action. (Cain Burdeau and Michael Kunzelman, AP/Forbes, Jan. 30). Update: That wasn’t the last word, though: later rulings allowed suits against the Army Corps to go forward.
4 Comments
Gosh, I love the art of naming statutes. “Flood control” or “Flood-liability control”?
The timing of course was significant, the great Mississippi Delta flood having just occurred in 1927; that one led to the dynamiting of some Louisiana levees that inundated several parishes, in hopes of saving New Orleans. See John Barry’s Rising Tide for this great bit of history.
Anyone have a link to the memorandum opinion?
The opinion is on line at the New York Times, which gives it a pro-plaintiff spin.
Many thanks Ted.