Amanda Moore, National Wildlife Federation, 504-442-2702
John Lopez, Lake Pontchartrain Basin Foundation, 504-421-7348
For Immediate Release:
(September 26, 2012—New Orleans) The U.S. 5th Circuit Court of Appeals reversed its March decision on Army Corps liability for catastrophic flood damage related to the Mississippi River Gulf Outlet (MRGO) during Hurricane Katrina, giving the Army Corps immunity under the discretionary-function exception of the Federal Tort Claims Act. Still, the Court acknowledged the MRGO “greatly aggravated the storm’s effects on the city” and the Corps “abused its discretion.”
“MRGO operation followed a multi-decadal pattern of failed policy and inadequate execution, which blithely ignored the egregious wetland loss and ominous threat the MRGO posed to St. Bernard Parish and New Orleans,” said Dr. John Lopez, executive director of the Lake Pontchartrain Basin Foundation. “Due to the Corps’ failure to correct the issue, the MRGO destroyed communities and cost lives.”
Today, the MRGO damage remains unmitigated. Over 600,000 acres of coastal habitat were impacted by the MRGO, including tens of thousands of acres of protective wetlands that surround the Greater New Orleans area. Despite a call to action by Congress in 2006, an Army Corps plan for environmental restoration along the MRGO is still incomplete and facing a recommendation of “no further action” by the Corps due to a policy dispute over who will pay for the restoration projects.
“The stakes are too high for this to end here. The government must do what is right and fix the damage caused by the MRGO before the next catastrophe,” said Amanda Moore, greater New Orleans program manager for National Wildlife Federation.
This statement is supported by National Wildlife Federation, Environmental Defense Fund, National Audubon Society, Lake Pontchartrain Basin Foundation, Coalition to Restore Coastal Louisiana, Gulf Restoration Network, Sierra Club, Levees.org, American Rivers and Global Green.