Mother Nature Acquitted in Katrina Levee Failures

At a Glance

Who: U.S. District Judge Stanwood R. Duval
What: Handed down decision in Katrina investigation
When: November 18, 2009
Why: Years of "gross negligence" by the U.S. Army Corps of Engineers

In a decision handed down by U.S. District Judge Stanwood R. Duval on Wednesday, blame for some of the flood damage caused by levee breaches after Hurricane Katrina was shifted from Mother Nature to the U.S. Army Corps of Engineers.

According to breaking news report on MSNBC's Rachel Maddow show, it was a "landmark decision" in favor of the people of the lower ninth ward and St. Bernard Parrish.

Richard Fausset reported in the Los Angeles Times today that Judge Duval's decision stated that the corps failed to maintain the Mississippi River Gulf Outlet Canal, which made the resultant flooding in some areas a man-made disaster.

In July 2008, I spoke with survivors of the flooding in the ninth ward, who were still convinced that if the channel had been properly maintained, storm surges would not have been able to breach the levees, and the massive flooding would not have occurred.

They were not blaming the government for other failures; their focus was on the levees.

One was a Charity Hospital employee who was called to work and forced to stay in the hospital or lose her job. "Never again! she said. "If a hurricane is coming this way, I will lose my job. I will not go through that ever again!"

They believe the levees created a death trap in the ninth ward and St. Bernard Parish.

Following Hurricane Katrina, Congress passed laws that provided funding for the operation and maintenance of the wetlands and other projects that would protect the area from future storm surges.

The Corps of Engineers began a study to de-authorize the canal in 2006.

The Deep-Draft De-authorization Report, which the Corps of Engineers submitted to Congress in June of 2008, resulted in construction of a surge barrier to permanently close the channel.

The project was begun in January 2009 and final closure took place in July 2009.

Fausset reported that during the trial "attorneys for the government argued that the Army Corps of Engineers was not liable for the post-hurricane flooding because it was immune from civil lawsuits questioning federal flood policy decisions."

Fortunately for the citizens, Judge Duval concluded that immunity was negated by what he considered to be "gross negligence."

In his report, Fausset sees this decision as a possible problem for the Obama administration.

Billions of dollars have already been promised to help rebuild Louisiana, and President Obama has promised "more attention and care" during his administration than was evident during the Bush administration.

The nation will be watching to see what this administration will do with the thousands of claims that remain.

Will it agree to a universal settlement or decide against it as did the previous administration?

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Add pictures from 9th Ward, 2008