U.S. District Judge Lance M. Africk ordered the federal government to pay the full cost of restoring the wetlands around the Mississippi River-Gulf Outlet, (better known as MRGO) it is not yet clear whether the Corps will appeal. According to a CityBusiness report, the legal distinction has centered on MRGO’s status as a navigation channel rather than a flood protection feature. Since the Flood Control Act of 1928, the Corps has been held immune from damage caused by flood protection structures, such as levees and floodwalls. Africk’s ruling comes on the heels of other rulings establishing that the Corps can be held liable for damage caused by MRGO during Katrina.
Read more from CityBusiness here.