Understanding the Defense of Robinson v Corps of Engineers requires two-column thinking related to the government sovereign immunity. Judge Duval is of the opinion the immunity applies only to all decisions and actions related to the design and construction of the MRGO; (Column I), leaving, in the government’s words, the only remaining actionable claim…whether the United States may be held liable for the Corps’ operation and maintenance of the channel; (Column 2).
The USA’s Trial Brief however, continues to press the claim that the United States is immune from this lawsuit and this Court lacks jurisdiction over the case. The government defense strategy appears to be one of agreement with many of the Plaintiffs’ claims; but, with the perspective the claims represent actions and decisions protected by the immunity. For example,
Bigger, stronger levees along the GIWW, the MRGO, and the IHNC could have prevented floodwaters from inundating Plaintiffs’ properties. Better operation and maintenance of the MRGO could not have averted this tragedy and would not have prevented or lessened Plaintiffs’ alleged damage.
“Bigger, stronger levees” go in Column 1 as decisions and actions about construction are protected by the governments immunity, while “better operation and maintenance” would have been Column 2, unprotected.
Much to the government’s credit, however, there is no denial of what took place. Continue reading “MR-GO gets ready to go – Part 4: The Defense”