More scandals, less important action, Geaux Saints.

 Fall of 2009 looks back over a quiet tropical season. Strong westerlies prevented development of storms in the Western Atlantic, Caribbean and the Gulf of Mexico. Only the Saints seem capable of holding the public's attention. Next year will see a new Mayor, but that is still far away.

November 18, 2009 U.S. District Judge Stanwood Duval Jr. ruled that the US Army Corps of Engineers mismanagement of MR GO was responsible for damage to St Bernard Parish and the Orleans lower ninth ward.  In his ruling he said,

"Furthermore, the Corps not only knew, but admitted by 1988, that the MRGO threatened human life ... and yet it did not act in time to prevent the catastrophic disaster that ensued with the onslaught of Hurricane Katrina.The Corps' lassitude and failure to fulfill its duties resulted in a catastrophic loss of human life and property in unprecedented proportions. 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 from such a catastrophe. Certainly, Congress would never have meant to protect this kind of nonfeasance on the part of the very agency that is tasked with the protection of life and property. "

Wow. This ruling is limited, but it opens the door to billions more in claims. Previously the Corps was considered immune from suits resulting from failures of its flood protection engineering. In this ruling the judge expanded the theory that MRGO was a navigation project not flood protection. Appeals are expected. Look for this to be decided in the Supreme Court.

In the meantime the Corps is still not addressing the environmental causes of the coastal destruction continuing in Southeast Louisiana. Is "nonfeasance" actually a word?