Although the Fifth Circuit Court of Appeals agreed with the district court that the government was not immune from liability under the Flood Control Act of 1928 (FCA) for claims arising from alleged negligent maintenance of the Mississippi River Gulf Outlet, the appellate court concluded that the discretionary-function exception to the Federal Tort Claims Act shielded the government from liability in these cases. The Fifth Circuit affirmed the district court's ruling that the government was immune under the FCA for claims of damages allegedly caused by flood waters released by negligence in flood-control activity.

Action seeking damages from Army Corps of Engineers for exacerbation of flooding damage during and after Hurricane Katrina.


In re Katrina Canal Breaches Consolidated Litigation

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In re Katrina Canal Breaches Consolidated Litigation - opinion

Filed

United States of America

Louisiana

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Actions or measures to adapt freshwater systems to climate change.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Actions to reduce emissions in energy generation and supply.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

In re Katrina Canal Breaches Consolidated Litigation - opinion

Risk

Renewable energy

Economic sector

Adaptation/resilience

Finance