IN BRIEF

New Ruling on Katrina Favors Corps of Engineers

SEPTEMBER 25, 2012

“While the government is generally immune from flooding claims resulting from failures of flood control projects, Judge Duval ruled that damage related to the MR-GO canal was different because its purpose was navigation, not flood protection, even though it was lined with levees. The government appealed the decision, asking the full circuit to rehear the case. Instead, the three-judge panel on Monday withdrew the earlier decision and substituted a new one that cited the “discretionary-function exception” to the tort claims act.” (New York Times)

Consequences are beneath the State.

FEE Timely Classic

“Hurricane Katrina: Government versus the Private Sector” by Sheldon Richman

“Hurricane Katrina Shows that Government Is Too Small? It Just Ain’t So!” by Robert P. Murphy