Court: Army Corps of Engineers liable for Katrina flooding

This is interesting on several levels.  Here are a couple of quotes from the story:

"It has been proven in a court of law that the drowning of New Orleans was not a natural disaster, but a preventable man-made travesty," the attorneys said in a statement. "The government has always had a moral obligation to rebuild New Orleans. This decision makes that obligation a matter of legal responsibility."


Duval ruled that because the Corps failed to maintain the shipping channel, erosion widened it, and its banks -- which helped protect the levees -- deteriorated, leaving the levees unprotected, undermined and more vulnerable to waves coming off Lake Borgne. The Corps also failed to take other actions, such as armoring the banks with rocks, the attorneys said.

First the attorneys argue that the flooding was not a natural disaster.  Someone should explain to me how the FACT of a hurricane is NOT a natural disaster.  Duhh!

Then the attorneys argue that the government (not sure which one but no matter what it means you and me) has a moral obligation to rebuild New Orleans.  In other words, if someone builds in a flood prone area then you and I are morally obligated to rebuild when they are flooded!  If we are to apply that value to flooding why not forest fires, earthquakes, volcanoes, and so on?  Where does it stop?  What about the plaintiff's moral responsibility to build in an arguably safe place?  My point here is not that the Corps isn't liable, they may well be, but that the argument fails the common sense test that if you build in a flood plane you can reasonably expect to eventually get flooded.

What then of the Corps responsibility?  Assuming that in fact the Corps was negligent in maintaining the relevant structures, is the Corps liable.  Now as regards various New Orleans flood control structures there is a long and rather sordid tale of political interference and lack of funds.  If government, particularly local government, doesn't adequately fund public works projects or interferes in the design of those projects as they have consistently done with the New Orleans levy system, is the building agency liable for what happens?  Common sense suggest that they are not; certainly not liable to the exclusion of all other parties.

Now understand, I like New Orleans.  I've been there a few times and it is a wonderful and enjoyable place.  Much of it is, however, is built in very flood prone areas.  Moreover, the delta area has been mismanaged by local, state, and federal government in a wrong headed effort to cater to businesses and individuals so that the entire region is a disaster just waiting to happen.  Should the country as a whole be responsible for the entirely foreseeable consequences  of the foolish decisions of others particularly local governments and individuals?  I think not.

Just a bit of common sense.