Louisiana Law - US Court of Appeals for the Federal Circuit - St. Bernard Parish Government v. U.S. - Shoultz Law Firm Houma Attorneys

Constitutional Law Opinions
St. Bernard Parish Government v. United States

Court: US Court of Appeals for the Federal Circuit
Docket: 16-2301
Opinion Date: April 20, 2018
Judge: Timothy B. Dyk
Areas of Law: Constitutional Law, Government & Administrative Law, Real Estate & Property Law

Saint Bernard Parish Government and other owners of real property in St. Bernard Parish or in the Lower Ninth Ward of the City of New Orleans sued under the Tucker Act, 28 U.S.C. 1491(a)(1), alleging a taking. They claimed that the government was liable for flood damage to their properties caused by Hurricane Katrina and other hurricanes. Plaintiffs’ theory was that the government incurred liability because of government inaction, including the failure to properly maintain or to modify the Mississippi River-Gulf Outlet (MRGO) channel, and government action (the construction and operation of the MRGO channel). The Claims Court found a taking occurred and awarded compensation. The Federal Circuit reversed. The government cannot be liable on a takings theory for inaction and the government action in constructing and operating MRGO was not shown to have been the cause of the flooding. The Claims Court failed to apply the correct legal standard, which required that the causation analysis account for government flood control projects that reduced the risk of flooding.

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