Description: Action by property owners in St. Bernard Parish and Lower Ninth Ward in New Orleans seeking compensation for temporary taking of property caused by flooding during and after Hurricane Katrina.
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St. Bernard Parish Government v. United States
Case Documents:
Filing Date Type File Action Taken Summary 04/20/2018 Opinion Download Federal Circuit reversed finding of taking. Federal Circuit Reversed Ruling That Held U.S. Liable for Louisiana Flood Damage. The Federal Circuit Court of Appeals reversed the Federal Court of Claims finding that the federal government was liable for flood damage in St. Bernard Parish and New Orleans that was caused by Hurricane Katrina and other hurricanes. The plaintiffs, who were property owners in St. Bernard Parish and the Lower Ninth Ward of New Orleans, contended that the government was liable for a taking based on its inaction, including the failure to properly maintain or modify the Mississippi River-Gulf Outlet (MRGO), and its actions, including the construction and operation of the MRGO channel. The Federal Circuit held that the government cannot be liable for inaction on a takings theory and that the construction and operation of MRGO had not been shown to be the cause of the flooding. The court found that the plaintiffs and the Court of Claims had not applied the correct legal standard to the causation analysis, which was required to “account for government flood control projects that reduced the risk of flooding.” The court said the plaintiffs failed to present evidence comparing the flood damage that occurred to what would have occurred had there been no government action at all and so had failed to take account of actions—including a system of levees and floodwalls known as the Lake Pontchartrain and Vicinity Hurricane Protection Project—that mitigated the MRGO impact. 12/09/2016 Brief Download Principal brief filed by United States. United States Appealed Takings Liability for Hurricane Katrina Flooding. The United States filed its principal brief in the Federal Circuit Court of Appeals in its appeal of a May 2015 decision of the Court of Federal Claims holding the United States liable for a taking resulting from flooding in Louisiana during and after Hurricane Katrina. The Court of Federal Claims had concluded that federal construction of the Mississippi River-Gulf Outlet (MRGO) navigation channel changed the environment in ways that increased storm surge during Hurricane Katrina, causing a taking. The United States argued that the Court of Federal Claims’ ruling “unmoors takings law from its traditional limits” and “threatens to impose vast and startling liability on the public for damage caused by natural disasters.” The United States further argued that the Court of Federal Claims had erred in concluding that MRGO caused the flooding and that the flooding was foreseeable. -
St. Bernard Parish Government v. United States
Case Documents:
Filing Date Type File Action Taken Summary 12/03/2015 Order Download Plaintiffs' motion to reconsider denial of class certification motion as moot granted, and briefing on motion stayed pending disposition of appeal of final judgment in case. 11/30/2015 Reply Download Federal government filed reply in support of its motion to certify court's May 2015 liability opinion for appeal. 11/16/2015 Response Download Plaintiffs filed opposition to the government's motion to certify the May 2015 liability opinion for appeal. 10/30/2015 Motion Download Federal government asked court to certify its May 2015 liability opinion for appeal. Federal Claims Court to Determine Whether to Certify Opinion Holding U.S. Liable for Post-Katrina Flooding for Interlocutory Appeal. The United States asked the Court of Federal Claims to certify for interlocutory appeal the court’s May 2015 opinion holding the U.S. liable for a temporary taking caused by flooding during Hurricane Katrina and subsequent storms. The United States said that an immediate appeal was appropriate because the opinion presented “controlling” questions of law about which there were substantial grounds for a difference in opinion. The U.S. also said that certification would advance the ultimate termination of the appeal because it could “obviate the need for further proceedings” if the U.S. prevailed or, if the liability opinion were affirmed, might “resolve or clarify disputes … concerning just compensation.” The plaintiffs opposed certification. 05/01/2015 Memorandum Opinion and Order Download Memorandum opinion and order issued on liability regarding a temporary taking by flooding. A United States Court of Federal Claims held that the federal government was liable for a temporary taking caused by certain flooding during Hurricane Katrina and subsequent storms. The court found that the plaintiffs, who were property owners in St. Bernard Parish or the Lower Ninth Ward of the City of New Orleans, had established that the flooding of their properties was caused by the U.S. Army Corps of Engineers’ construction, expansions, operation, and failure to maintain the Mississippi River-Gulf Outlet (MR-GO), a 76-mile-long navigational channel. One federal government argument rejected by the court was that the flooding was caused, not by MR-GO, but by subsidence, sea level rise, and land loss. With respect to this issue, the court said: “Although subsidence, sea level rise, and land loss took their toll on the region, the evidence in this case demonstrates that the MR-GO had the principal causal role in creating the environmental damage ….” Sabin Center Fellow Jennifer Klein wrote about this case in May 2015. 06/22/2010 Motion Download Plaintiffs filed motion for class certification.