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Flood Damage Related to Army Corps of Engineers Projects: Selected Legal Issues

Description: This report examines federal liability for flood damage and analyzes legal defenses available to the federal government. Specifically, it provides an overview of the discretionary function exemption under the Federal Tort Claims Act (FTCA) and immunity under the Flood Control Act of 1928 (FCA) as applied to Corps projects. The report also considers the Corps’ potential liability for damages caused by levee failure during Hurricane Katrina and the activation of floodways during the 2011 Mississippi flooding.
Date: June 7, 2011
Creator: Brougher, Cynthia