A May 1 ruling in federal district court in Washington, D.C., found that a failure of U.S. Army Corps of Engineers-built levees in New Orleans allowed flooding and led to an illegal government taking of private property. The ruling has potentially big implications, prompting experts to consider appeals.
"I can't see the Corps not wanting an appeal on this," says Les Edelman, a senior counsel and senior advocate at Dawson and Associates Inc., a Washington, D.C.-based consulting firm specializing in federal water resources and environmental policy. Edelman was for 19 years chief counsel at the Corps. "You can't even imagine the amount of liability this opens up," he says. The decision of whether to appeal rests with the Dept. of Justice, but the Corps will have input, he says. No decision has been announced.