Federal Court rules Katrina was Government's Fault!
May 5, 2015 10:33:08 GMT -6
Nugget, littled16, and 4 more like this
Post by Deleted on May 5, 2015 10:33:08 GMT -6
WOW! ..I mean... 
!
Holy Moly! That is one hell of a BIG BILL coming to Uncle! (and to our own taxes...but no one seems to think of that)
That is some interesting logic right there. Interesting.....and disturbing. Not in this case, because I think this may have finally had a just ruling and for more than the obvious reasons the court determined. Still...That is one heck of a line of logic to be using here. How that could apply later, in other ways....is what I find disturbing.
Source
Oh..My yes. That will be one HECK of a bill. I do wonder tho....what about the 10's of billions the Feds already sent to vanish into the corrupt politics of Louisiana? New Orleans didn't improve all that much for the sums which should have been capable of building a whole new city, nearly from scratch! I kinda doubt a new flood of money will do more than make criminals and corrupt politicians wealthy again, but at least there is some official declaration of what we all pretty much figured was the case anyway.
What happened there WAS predictable and should never have happened. When it did happen, the Government could have just impressed everyone by accepting the reality of why and how ...rather than piss everyone off and leave us with MORE reasons not to trust them by insisting our common sense was faulty, and our lying eyes couldn't be trusted. (sigh)
!WASHINGTON D.C. (CN) - The Army Corps of Engineers' management of a navigational canal near New Orleans created a "ticking time bomb" that increased the flood damage caused by Hurricane Katrina, a federal judge ruled.
U.S. Court of Federal Claims Judge Susan Braden said in a 74-page ruling on May 1 that the storm damage qualifies as a temporary taking under the 5th Amendment.
U.S. Court of Federal Claims Judge Susan Braden said in a 74-page ruling on May 1 that the storm damage qualifies as a temporary taking under the 5th Amendment.
Holy Moly! That is one hell of a BIG BILL coming to Uncle! (and to our own taxes...but no one seems to think of that)
The government knew about the risk, the opinion said, from repeated warnings and studies from the Army Corps itself.
"The funnel had been described as a 'superhighway' for storm surges or 'The Crescent City's Trojan Horse,'" Braden wrote, quoting from a 2006 U.S. Senate report on Hurricane Katrina, which also said the funnel had the potential to amplify storm surges by 20 to 40 percent.
In calling the flooding a government taking, Braden applied the Supreme Court's 2012 ruling in Arkansas Game and Fish Commission v. U.S., which allows government induced, temporary flooding to be considered a Fifth Amendment taking.
"The funnel had been described as a 'superhighway' for storm surges or 'The Crescent City's Trojan Horse,'" Braden wrote, quoting from a 2006 U.S. Senate report on Hurricane Katrina, which also said the funnel had the potential to amplify storm surges by 20 to 40 percent.
In calling the flooding a government taking, Braden applied the Supreme Court's 2012 ruling in Arkansas Game and Fish Commission v. U.S., which allows government induced, temporary flooding to be considered a Fifth Amendment taking.
That is some interesting logic right there. Interesting.....and disturbing. Not in this case, because I think this may have finally had a just ruling and for more than the obvious reasons the court determined. Still...That is one heck of a line of logic to be using here. How that could apply later, in other ways....is what I find disturbing.
The court estimates flooding from Katrina destroyed or severely damaged between 68 and 98 percent of the homes in St. Bernard Parish and the Lower Ninth Ward. In the storm's aftermath, over 400 lawsuits were filed in U.S. District Court, alleging the corps of engineers' operation of the navigation channel caused substantial levee breech that caused the catastrophic flooding.
Oh..My yes. That will be one HECK of a bill. I do wonder tho....what about the 10's of billions the Feds already sent to vanish into the corrupt politics of Louisiana? New Orleans didn't improve all that much for the sums which should have been capable of building a whole new city, nearly from scratch! I kinda doubt a new flood of money will do more than make criminals and corrupt politicians wealthy again, but at least there is some official declaration of what we all pretty much figured was the case anyway.
What happened there WAS predictable and should never have happened. When it did happen, the Government could have just impressed everyone by accepting the reality of why and how ...rather than piss everyone off and leave us with MORE reasons not to trust them by insisting our common sense was faulty, and our lying eyes couldn't be trusted. (sigh)
