Corps of Engrs. Can Be Sued for “Hurricane Highway”
A federal judge wrote on Friday that the Army Corps of Engineers can be sued for Hurricane Katrina flood damage caused by a navigation channel called "a hurricane highway."
Judge Stanwood Duval is the same judge who in February found that, despite signs of clear wrongdoing, the Corps of Engineers could not be sued for flood control projects gone wrong. But this case is different from the February claim because the channel at issue, the Mississippi River-Gulf Outlet, or MRGO, was "clearly a ship channel and not a flood control project."
From his opinion:
"The United States should not be immunized for a tort which occurred from an activity unrelated to a flood control project... Taken to its logical conclusion, such a policy would yield absurd results." [Read the article here]
(Thanks to CJ&D for the alert)