Levee and Flood Control Law
Also see: Flood Insurance
Court finds againt the Corps in In re Katrina Canal Breaches, 18 Nov 2009: Opinion Judgment Appendix
Court allows In re Katrina Canal Breaches to go to court on factual question of whether the Corp has descretionary authority to make decisions about the construction of the MRGO canal. Order of 20 March 2009
Stafford Act immunity for Katrina debris removal decisions by FEMA - St. Tammany Parish v. Federal Emergency Management Agency,
556 F.3d 307 (5th Cir. 2009)
The Mississippi River and Tributaries Project - The Corps of Engineers plan for the Mississippi
IN RE KATRINA CANAL BREACHES CONSOLIDATED LITIGATION - U.S. District Court, Eastern District of Lousianas. This page collects the documents in this set of levee breach cases.
LA upholds flood damage exclusion in insurance policies - Barbara Landry v. Louisiana Citizens Property Ins. Co., 983 So.2d 66 (La. 2008)
LA uses common sense definition of flood in finding that policies do not cover Hurricane Katrina flood damage - Sher v. Lafayette Ins. Co., 988 So.2d 186 (La. 2008)
Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - 30 Jan 2008
5th Circuit construes flood exclusion in homeowner's policies after Katrina - In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir.2007) - cert denied. Lower court.
Plaintiff's can go forward with claims against the Army Corp of Engineers based on failure of a navigation canal during Katrina.
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)
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)
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