News

LSU Flood Map Site – start playing with this so you can get a sense of the flood map system before we talk about it next week.

‘Breaches Everywhere’: Midwest Levees Burst, and Tough Questions Follow

This is relevant to our flood law cases today. The impact of levees on increasing flood height was recognized in the first study of flood control on the Mississippi: Ellet, Charles. Report on the overflows of the delta of the Mississippi. AB Hamilton, 1852.

Western Arctic Warm Wave Is Smashing Early-Spring Records

Think about Kivalina.

Judge Blocks Oil and Gas Leases on Public Land, Citing Climate Change

Original Complaint – City of New Orleans/Orleans Parish v the oil industry for wetlands destruction.

Background on Hurricane Betsy

Mississippi Delta Subsidence in Action – Fort Proctor

This is a simple illustration of the subsidence on the east side of New Orleans since 1856. It shows that the process is old and ongoing and not something caused by the MRGO. It also shows why the New Orleans East has been flooding long before the MRGO was built.

The track of Hurricane Betsy – NOAA

Hurricane Betsy: Preliminary Report, with Advisories and Bulletins Issued, September 15th, 1965

DA Godeau & WC Conner, Storm surge over the Mississippi River delta accompanying Hurricane Betsy, 1965, 96 Monthly Weather Review 118–124 (1968).

Remembering Betsy: WVUE-TV 09/1990 

Watch this outside of class – pay special attention to the levee comments at about 12:30 and the ending comments at 27.

LBJ and Russel Long right after Hurricane Betsy: https://millercenter.org/the-presidency/educational-resources/lbj-and-senator-russell-long-on-hurricane-betsy

Assignment

Team 1

National Mfg. Co. v. United States. Great Western Paint Mfg. Corp., 210 F.2d 263 (8th Cir. 1954)

What is 702 immunity under the Flood Control Act of 1928 and does it survive the FTCA? (Only discuss the majority opinion.)

Slides – Team 1 – FCA and the FTCA

Team 2

Graci v. United States, 456 F.2d 20 (5th Cir. 1971)

The Hurricane Betsy case. How does the court get past Flood Control Act immunity? What is the Louisiana law it uses for the liability phase of the FTCA analysis? What is remanded?

Team 3

Graci v. U.S., 435 F.Supp. 189 (E.D.La. 1977)

What did the court decide on remand? Why did the plaintiff’s lose? What should this case tell the lawyers in the  Hurricane Katrina Levee Breach Cases?

Team 4

Central Green Co. v. United States, 531 U.S. 425 (2001)

The key Supreme Court case on Flood Control Act immunity for dual-use projects – what does 702 immunity really apply to? Is the Graci flood control structure analysis still good law after this?