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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 2005, Hurricane Katrina hit New Orleans and catastrophically flooded St. The court then turned to the two affirmative acts identified by Plaintiffs as causing their damages—the construction of MRGO and its continued operation.

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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

Darue Engineering & Manufacturing, 545 U.S. 308, 314 (2005)). Minton , 568 U.S. 251, 258 (2013) (citing Grable & Sons Metal Products, Inc. Removal is also allowed “where federal law completely preempts a plaintiffs’ state-law claim.” Regions Bank of La., 470, 475 (1998).

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