08/29/2024
19 years ago today, Hurricane Katrina made landfall and destroyed St. Bernard Parish and the lower 9nth ward in New Orleans. The devastation is best evidenced by the fact that only four of the approximately 26,000 structures in the Parish did not flood. The massive devastation was caused by the Corps handling of the Mississippi River Gulf Outlet which became a storm surge super highway.
A group of brave residents sued the Corps of Engineers. After a 29 day trial, the US Federal District Court Judge held that the Corps was liable for damages because it was "malfeasant" and "monumentally negligent" with regard to its handling of the MRGO. The trial court's decision was originally affirmed by the US Fifth Circuit Court of Appeal.
In its original decision, the appellate court held that the Corps was not immune because it had offered little evidence on a particular point at issue. THEN, on rehearing the same three judges held that the Corps was immune. The only difference between the two opinions is that the "little evidence" in the first, conspicuously became "ample evidence" in their second opinion.