Army To Face Trial On New Orleans Wetlands Damage

Law360, New York (March 20, 2009, 12:00 AM EDT) -- Giving the go-ahead for a trial next month on whether the U.S. Army Corps of Engineers violated environmental laws in its maintenance of the Mississippi River Gulf Outlet, a federal judge ruled Friday that questions remained over the Army Corps' destruction of protective wetlands, which allegedly led to devastating storm surges in New Orleans during Hurricane Katrina.

The Corps of Engineers had argued in a motion to dismiss the case that it was entitled to a “due care exemption” as well as a “functionary exemption discretion,”...
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