Fed Circ. Questions Army Corps’ Katrina Liability

Law360, Washington (February 7, 2018, 6:48 PM EST) -- A Federal Circuit panel on Wednesday repeatedly challenged a Louisiana Parish and local landowners to explain in oral arguments how decades-old actions by the U.S. Army Corps of Engineers create liability for the government for potentially billions of dollars’ worth of flooding damage from Hurricane Katrina.

The Corps is appealing a 2015 decision by Federal Claims Judge Susan G. Braden holding it responsible for the 2005 flooding experienced by the St. Bernard Parish and various private property owners in New Orleans' Lower Ninth Ward. Judge Braden had said the...
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