Poverty in America

Judge Rules Katrina Flooding Government's Fault

by Leigh Graham

categories: Activism And Advocacy, Cities And Urban Decay, Federal Policy, Government, Gulf Coast, Housing, Inequality, Race, Ethnicity, Class & Gender

Published November 19, 2009 @ 09:36AM PT

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A US District Court in New Orleans has issued an historic ruling that the Army Corps of Engineer's negligence led to Hurricane Katrina's fatal flooding of the Lower 9th Ward, a neighborhood in New Orleans, and St. Bernard Parish*, a neighboring county of NOLA.  It's easy to forget that Katrina's landfall was not what devastated New Orleans to the extent we witnessed, but rather the failure of the levees to hold back the storm's tidal effects.  The intricate system of levees, channels and canals that have protected the city for generations was overcome by the storm, because, as the ruling makes clear, of decades of poor levee maintenance by the federal government.

This decision enables "tens of thousands" of homeowners in the affected area to bring lawsuits against the government.  Normally, I'm extremely wary of homeowner activism, but in these two areas, a substantial and often majority of these homeowners were low- to moderate-income.  Their homes were their primary or only asset; the hurricane completely destroyed their properties, or left such damage that insurance payments were insufficient to rebuild - in part because many of these homes must meet new building standards, and because many of these homeowners were likely underinsured. It's wonderful to think they might finally receive the resources needed to rebuild their lives and homes.

The government plans to appeal, naturally, and could face billions in claims of liability.  Given the appeals process, and judicial sentiment once this case leaves New Orleans, it's highly unlikely these homeowners could ever see a dime.  But this is an important and unforgettable moment of truth for disadvantaged homeowners, who, four years on, are working diligently to get on with their post-Katrina lives.

*Yes, we've written about St. Bernard Parish before, and NOT to celebrate their recovery progress.

(Photos of the flood's damage and the levee breech in the Lower 9th Ward of New Orleans, taken by the author, January 2006)