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Harris County Flood Control District v. Kerr

Filing Date: 1999
Case Categories:
  • Adaptation
    • Actions seeking money damages for losses
Principal Laws:
Texas Constitution
Description: Action seeking to hold municipal entity liable for flood damage.
  • Harris County Flood Control District v. Kerr
    Docket number(s): 13-0303
    Court/Admin Entity: Tex.
    Case Documents:
    Filing Date Type File Action Taken Summary
    06/17/2016 Opinion Download Opinion issued. Texas Supreme Court Cited Global Warming Hypothetical In Rejecting Takings Theory for Municipal Liability for Flooding. The Texas Supreme Court held that municipal governments were not liable under a takings theory for flood damage when they approved development without implementing mitigation measures to address known flood risks. The court withdrew a 2015 opinion in which it had said that homeowners who suffered flood damage had raised an issue of fact in their takings claim. The new majority opinion noted that many public and private amicus curiae had urged rehearing because the homeowners’ theory of liability would “vastly and unwisely expand the liability of governmental entities.” The court described some of the hypothetical situations in which liability might be expanded, including a “disturbing” hypothetical raised by the Harris County Metropolitan Transit Authority that suggested that imposition of liability under a takings theory in the instant case could serve as precedent for holding governments liable for hurricanes allegedly caused by global warming. The court quoted the amicus brief, which stated: “Experts can be hired who will testify that burning fossil fuels raises sea levels and makes storms more intense. Yet governments issue permits allowing exploration and production of fossil fuels, and construction and operation of the power plants that burn them.”

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.