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Federal Circuit Holds U.S. Army Corps of Engineers Not Liable for Hurricane Katrina Flood Damage

The Energy Law

Army Corps of Engineers liable under the Tucker Act for flood damage to the Plaintiffs’ properties. In 1968, the Corps completed construction of the Mississippi River Gulf Outlet (“MRGO”) in New Orleans. In 2005, Hurricane Katrina hit New Orleans and catastrophically flooded St.

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Climate Change Jurisdiction: U.S. Court of Appeals for the Ninth Circuit Kicks Climate Change Case Back to State Court

The Energy Law

On appeal, the Ninth Circuit addressed (1) whether California’s state nuisance law presented a federal question, and (2) whether the claims were completely preempted by the Clean Air Act. Darue Engineering & Manufacturing, 545 U.S. 308, 314 (2005)). Minton , 568 U.S. Regions Bank of La., 470, 475 (1998).

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