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Levee and Flood Control Law

Coastal Law Blog ; Flood Insurance; Hurricane Katrina Litigation; Hurricane Katrina General Information; Coastal Law Resources

Missouri's TRO against the Corps to prevent the blowing of the levee on the Mississippi in May 2011 - complaint; answer; and district court opinion (upheld by the circuit court, and review was denined by the Supreme Court.)

The Mississippi River and Tributaries Project - The Corps of Engineers plan for the Mississippi

Supreme Court limits the Flood Control Act of 1928 - Central Green Co. v. United States, 531 U.S. 425 (2001)

Is the levee district or the parish liable for maintaining levees - Saden v. Kirby, 660 So.2d 423 (La. 1995)

Navigation channels for levee construction are covered by the Flood Control Act immunity - Mocklin v. Orleans Levee District and Its Board of Levee Commissioners, 877 F.2d 427 (5th Cir. 1989)

Are recreational waters governed by the Flood Control Act of 1928 - United States v. James et al., 478 U.S. 597 (1986)

Denial of TRO to Stop Blowing the Mississippi Levee - Story v. Marsh, 732 F.2d 1375 (8th Cir. 1984)

Portis v. Folk Constr. Co., 694 F.2d 520 (8th Cir. 1982) - contractor is also immune under FCA

Lunsford v. United States, 570 F.2d 221 (8th Cir. 1977) - No FTCA class actions under the FCA.

Absolute immunity of the Corp of Engineers for flood damage - Florida East Coast Railway Co. v. United States, 519 F.2d 1184 (5th Cir. 1975)

Flood Control Act immunity does not appy to navigation projects - Graci v. United States, 456 F.2d 20 (5th Cir. 1971) - Graci on remand - no negligence. Original district court ruling.

Peterson v. United States, 367 F.2d 271 (9th Cir. 1966) - Flood Control Act (FCA) does not apply to breaking up an ice jam leading to a flood.

Flood Control Act of 1928 History - National Mfg. Co. v. United States. Great Western Paint Mfg. Corp., 210 F.2d 263 (8th Cir. 1954)

Jackson v. U.S., 230 U.S. 1 (1913) - History of the Mississippi River Commission

Bedford v. U.S., 192 U.S. 217 (1904) - Dismissal of a takings claim based on flood control.

 

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