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…
Category: Law
The Tulloch Rule
The Tulloch Cases and rule deal with the redeposition of dredged material. Tulloch II – The decision on remand of Tulloch I Tulloch chronology thru 2001 Tulloch_Conforming_Q-As – EPA’s modification of the rule based on the cases. The EPA stepped back to…
Emergency Powers and Hurricane Isaac
For the past several decades there has been a push by both conservatives and liberals to restrict agency discretion. Conservatives want to keep agencies from acting, and liberals want to force agencies to act in certain ways. This makes it…
Climate Change Adaptation and the Structural Transformation of Environmental Law
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1517374 or https://biotech.law.lsu.edu/climate/docs/ssrn-id1517374.pdf The path of environmental law has come to a cliff called climate change, and there is no turning around. As climate change policy dialogue emerged in the 1990s, however, the perceived urgency of attention to mitigation strategies designed to…
Inundation Maps – Flood of 2011 on the Lower Mississippi
Lower Mississippi water flows and inundation map – May 11, 2011
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:
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.