Jump to Navigation
Jump to Content

St. Bernard Parish Government v. United States

ELR Citation: 46 ELR 20087
Nos. No. 05-1119 L, (Fed. Cl., 05/04/2016)

The Court of Federal Claims held that residents and businesses in New Orleans' Ninth Ward and the neighboring St. Bernard Parish may file class-action lawsuits against the government for flood damage caused by Hurricane Katrina. A year ago, the court ruled that the U.S. Army Corps of Engineers' construction, expansions, operation, and failure to maintain the Mississippi River-Gulf Outlet caused increased storm surge flooding on plaintiffs' properties during Hurricane Katrina and subsequent hurricanes and severe storms, effecting a temporary taking under the Fifth Amendment. In the instant ruling, the court entered a partial final judgment on just compensation due to the owners of certain "test" properties in that case. But it also held that all other business and residential property owners, not just the owners of the test properties, may now file a class action for just compensation.