Huh. Just took a look at 33 U.S.C. § 702c and some cases citing it in my Casefinder database.
I hope you realize that the 17th Street Canal wasn't primarily intended for flood control -- it's an outfall canal for drainage from the pumps. As is the London Avenue Canal.
That's why no flood gates where they meet the lake. The water was supposed to go out, out from the city, not be kept from coming in from the lake.
Further, the waters that came in were not flood waters, per se, but ordinary lake water. In fact, the lake was not at flood stage, but was extremely low.
The storm surge was flood, sure, but the water that flooded most of New Orleans wasn't storm surge. After the storm passed, the water was just ordinary lake water.
I think it's worth a look.
I am going to draw up a memo and send it to my old boss.
I did two special research projects on wastewater control in college -- one undergrad on storm drainage, and one in law school about the Clean Water Act, both specifically about New Orleans.
And my husband is an environmental engineer specializing in wastewater treatment. |
