SCOTUS ends flood damage appeal

The Supreme Court of the United States ended a 14-year effort to appeal a lower court ruling by residents of south Louisiana in seeking compensation for flood damage during hurricanes Katrina, Rita and Gustav, and resulting from failure of the Army Corps of Engineers to maintain the Mississippi River-Gulf Outlet. The highest court’s decision refused to certify an appeal by landowners and St. Bernard Parish of an April 2018 decision by the U.S. Court of Appeals for the Federal Circuit that overturned a lower court ruling finding that the corps was responsible. The three-judge federal circuit found that U.S. Court of Federal Claims Judge Susan Braden incorrectly interpreted the law in awarding $3.16M and interest to six “test case” landowners and in awarding lost taxes to New Orleans. The appeals panel found that property owners failed to prove that government action caused the flooding, and concluded that the corps could not be penalized for inaction. (Source: NOLA.com 01/07/19)