The Jefferson Report
 
Congressman William J. Jefferson
SECOND DISTRICT, LOUISIANA · 2113 Rayburn · WASHINGTON, D.C. 20515
202/225-6636 · 202/225-1988 FAX · www.house.gov/jefferson
 
  FOR IMMEDIATE RELEASE   Contact: Ashley Wilson
Office:  (202)225-6636
Cell: (202)689-4139
ashley.wilson@mail.house.gov
January 31, 2008
 
Rep. Jefferson statement on the Army Corps of Engineers ruling
 

Washington, DC – Below is Congressman William Jefferson’s statement on the recent ruling stating that the Army Corps of Engineers could not be held accountable for the failure of canal walls in New Orleans during Hurricane Katrina.


“I am deeply disappointed by yesterday’s ruling by the U.S. District Court in favor of the U.S. Army Corps of Engineers. The failure of our canal walls occurred due to admitted carelessness of the federal government and our people should not be left to suffer the uncompensated consequences.

The judge in the case cited the Flood Control Act of 1928 and previous Supreme Court rulings  that supported the belief that the 1928 act provides protection for federal agencies in times where the means of flood control do not actually protect from flood waters. But, U.S. District Judge Stanwood Duval said, ‘it is not within the court's power to address the wrongs committed. It is hopefully within the citizens of the United States' power to address the failures of our laws and agencies.’

It was because of this potential ruling that, on February 14, 2007, I introduced H.R. 1052, the Federal Engineering Accountability Act of 2007 to nullify the 1928 provision in times of admitted neglect. It is currently in the Subcommittee on Water Resources and Environment. The bill, with 14 co-sponsors, provides an avenue for people, damaged by the Corps’ disregard, to sue for restitution. The people need to be made whole again and the blame must fall squarely on the Corps as the damage was not an “act of God” but rather an act of negligence.

This decision in the U.S. district court renews and reinvigorates my quest to ensure that the people of New Orleans have the right to sue those in the wrong--the Army Corps of Engineers. Congress should hold those responsible, accountable and to do any less would be a disservice to our people."

 
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