CRS – Flood Damage Related to Army Corps of Engineers Projects: Selected Legal Issues, June 7, 2011 (RL34131) Summary Over the past century, the federal government has undertaken a number of civil works projects to prevent widespread damage from flooding of various waterways. These flood control projects generally have been designed and constructed by the [...]
Posts tagged Flood Control Act of 1928
5th Circuit Upholds Ruling in Katrina Levee Breaches Litigation
The 5th Circuit just affirmed the lower court decision in the Katrina Levee Breaches Litigation. The Court basically rejected Flood Control Act immunity unless the “damages result from waters released by flood control activity or negligence therein.” The opinion If this case is not overruled en banc, or by the Supreme Court, it will have [...]
The Mississippi River and Tributaries Project
This is the Army Corps of Engineers explanation of the Mississippi River flood control system and how it would be used to control a flood. It details the the use of the floodways and the river flow levels that will trigger their use.[...]
Mississippi River Flood of 2011
At least as to river heights, the Flood of 2011 may be second or third largest Mississippi River Flood in modern times. Total volume of the flood is hard to compare because the river and the tributaries are more constrained than in the past. Water in a leveed river will be much higher than in a river without levees where it can spread out horizontally.
Flood Control Act of 1928
The Mississippi flood of 1927 resulted in the Flood Control Act of 1928 (FCA), the controlling legislation for flood control activities of the Army Corps of Engineers. The most important provision in the FCA is the blanket immunity for damages caused by flood control activities. FCA cases are collected here:
The Control of Nature – Morganza Spillway
John McPhee has written a fascinating history of the River Control Structure at Morganza. While it is not clear that the Mississippi still wants to go down the Atchafalaya, losing the River Control Structure in a flood would still be a catastrophe that could rival Katrina. “Three hundred miles up the Mississippi River from its mouth—many [...]
Blowing the Mississippi Levee – 2011
This post reviews the ongoing legal issues in the blowing of the levee at Birds Point. While the levee has not been blown since 1937, this was also litigated in 1984.