Michael Grunwald: Will the Katrina Ruling Prevent Another Disaster?
There can be something thrilling about accountability, so it was nice to see a federal judge declare the U.S. Army Corps of Engineers directly responsible for the destruction of most of New Orleans during Hurricane Katrina. The blistering ruling validates the rage felt by so many survivors — and may put them in line for some much needed cash. It also provides an always welcome opportunity for those of us who have banged our spoons on our high chairs about the culpability of the Corps again and again and again to say we told you so. And it could help spread a message to millions of Americans who still think the tragedy of Katrina was the government's response to the disaster rather than the government's creation of the disaster.
It's hard to get too excited about the decision, though, for two reasons. First, as great as it was to see a federal judge accuse the Corps of "negligence" and "nonfeasance" and other legally awful behavior, the case actually turned on a technicality of sorts — and may well be overturned on appeal. Believe it or not, the spectacular incompetence of the Corps may ultimately help its defense. And second, even if the Corps does lose on appeal, the resulting embarrassment — and the potential fiscal nightmare for the country — would be unlikely to promote the kinds of changes that would prevent another Corps-made disaster.
But before we dwell on the bad news, let's take a moment to enjoy the deliciously brutal opinion of U.S. District Judge Stanwood Duval Jr. "The Corps' lassitude and failure to fulfill its duties resulted in a catastrophic loss of human life and property in unprecedented proportions," he wrote. "The Corps' negligence resulted in the wasting of millions of dollars in flood-protection measures and billions of dollars in congressional outlays to help this region recover."
The Corps betrayed New Orleans in a number of ways. Its flood walls played matador defense because they were badly designed and badly engineered, then built in soggy soils in the wrong locations; the commander of the Corps, General Carl Strock, admitted his agency's "catastrophic failure" and submitted his resignation nine months after the storm, long after the nation had stopped paying attention. The Corps also exposed New Orleans to storm surges by manhandling and straitjacketing the Mississippi River over the past 80 years, blocking the flow of silt to southern Louisiana, gradually sinking the Big Easy below sea level and destroying a third of the coastal wetlands and barrier islands that once provided the city's natural hurricane protection...
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It's hard to get too excited about the decision, though, for two reasons. First, as great as it was to see a federal judge accuse the Corps of "negligence" and "nonfeasance" and other legally awful behavior, the case actually turned on a technicality of sorts — and may well be overturned on appeal. Believe it or not, the spectacular incompetence of the Corps may ultimately help its defense. And second, even if the Corps does lose on appeal, the resulting embarrassment — and the potential fiscal nightmare for the country — would be unlikely to promote the kinds of changes that would prevent another Corps-made disaster.
But before we dwell on the bad news, let's take a moment to enjoy the deliciously brutal opinion of U.S. District Judge Stanwood Duval Jr. "The Corps' lassitude and failure to fulfill its duties resulted in a catastrophic loss of human life and property in unprecedented proportions," he wrote. "The Corps' negligence resulted in the wasting of millions of dollars in flood-protection measures and billions of dollars in congressional outlays to help this region recover."
The Corps betrayed New Orleans in a number of ways. Its flood walls played matador defense because they were badly designed and badly engineered, then built in soggy soils in the wrong locations; the commander of the Corps, General Carl Strock, admitted his agency's "catastrophic failure" and submitted his resignation nine months after the storm, long after the nation had stopped paying attention. The Corps also exposed New Orleans to storm surges by manhandling and straitjacketing the Mississippi River over the past 80 years, blocking the flow of silt to southern Louisiana, gradually sinking the Big Easy below sea level and destroying a third of the coastal wetlands and barrier islands that once provided the city's natural hurricane protection...