Rep. Richmond Introduces Legislation Holding Army Corps Responsible for Gross Negligence in the Aftermath of Katrina
Today, Congressman Cedric Richmond (LA-02) introduced the Army Corps Accountability Act of 2013.
“The state of Louisiana and the entire nation will never forget the disastrous impact caused during Hurricane Katrina after the levees broke and flooded the Ninth Ward and St. Bernard Parish,” said Rep. Richmond. “Eight years later, these communities are still struggling to pick up the pieces of their lives and we owe them a debt to ensure that this never happens again. The Army Corps of Engineers must be held accountable for its gross negligence and failure to properly operate and maintain the Mississippi River Gulf Outlet. This legislation ensures that the Army Corps can never again hide behind discretionary provisions that ultimately impede our recovery and prevention efforts.”
In a 2009 trial, Judge Stanwood Duval, a United States District Court Judge for the Eastern District of Louisiana, decided that the Army Corps of Engineers’ gross negligence was the ultimate cause of catastrophic damage in New Orleans’ Ninth Ward and St. Bernard Parish. In March 2012, an Appeals Court initially upheld this lower court decision before reversing itself five months later, ultimately agreeing with the Army Corps’ position that it was protected from liability under the “discretionary function” exception from the Federal Tort Claims Act (FTCA) liability.
Key provisions of the Army Corps Accountability Act of 2013:
- The bill amends the FTCA to specifically remove the Army Corps from the “discretionary function” exception to FTCA culpability.
- Many government activities or inactivity could be typified as “exercising a discretionary function” and would be protected from liability. This bill aims to reassert that the Corps needs to make offended parties whole when its officers or employees have acted in a negligent fashion.
- Removes liability protection under the Federal Flood Control Act.
- Makes these reforms retroactive to ensure proper accountability.
- If enacted, would hold the Corps accountable for its tortious actions as intended under the FTCA.
Filing of Supreme Court Amicus Brief
On April 8, 2013, thirteen Members of Congress (four Senators, nine Representatives) filed an Amicus Brief with the Supreme Court of the United States (SCOTUS, the Court) to overturn the appellate court’s decision and support Hurricane Katrina victims impacted by negligent maintenance of the Mississippi River Gulf Outlet (MRGO). Residents of these impacted neighborhoods and their lawyers have filed a writ of certiorari with the SCOTUS. If granted, the Court will hear the case. Rep. Richmond joined other Members of Congress and Senators in urging the Justices to take up the case to make it clear that Congress intended the FTCA to apply to negligent acts by the Federal government.
The full bill can be viewed here.
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