Louisiana law would stick it to the Corps
Published 12:00 am Sunday, April 11, 2010
Call it an insurance policy, albeit in a different form.
In the aftermath of widespread flooding in the New Orleans area after Hurricane Katrina struck in 2005, it seems a priority became placing blame or, more specifically, finding someone to sue.
Not surprisingly because Uncle Sam has the deepest pocket around, the U.S. Army Corps of Engineers became a prime target. But lawyers rushing to the courthouse to file claims ran into a rather unpleasant surprise. The Corps, tasked by Congress with flood abatement and navigation civil works nationwide, doesn’t own levees, does not build levees and does not provide routine maintenance. Construction is by private contractors and levees are owned by local levee districts and are managed and maintained by local boards, which, as a rule, are not sitting on piles of cash to pay damages.
The Corps is responsible if its design is defective. Contractors are responsible if their work doesn’t meet specifications. Levee boards are responsible if failure of regular maintenance causes problems.
So how might Louisiana respond? House Bill 491 by Rep. Robert Billiot, D-Westwego, is pending in the Legislature there. If enacted, it will exempt levee districts, drainage districts, owners and operators of property used for flood protection, state agencies that oversee the levees and their contractors from liability for personal injury, property damages and any other loss.
Billiot says the bill exempts only decisions beyond the state agencies’ control. Perhaps, but that’s only as amended. Billiot initially proposed complete immunity for local and state agencies.
Clearly, and no matter what’s right and fair, Billiot wants the Corps to carry all the liability. He wants an insurance policy. This legislation should be seen for what it is.