Two other opinions that be will be referred to as follows:
In re Katrina Canal Breaches Consol. Litig.(Robinson)
, 577 F. Supp. 2d 802 (E.D.La. 2008) (
In re Katrina Canal Breaches Consol. Litig.(Robinson),
627 F. Supp. 2d 656 (E.D. La. 2009) (
The Corps is governed by a hierarchical chain of command in which the Chief of Engineers is the seniorofficer at Headquarters in Washington, D.C. referred to as the Office of Chief Engineer (“OCE”) with the ultimatedecision-making authority. Civil works are generally assigned to field officers under the staff supervision of Headquarters. The relevant District in this instance is the New Orleans District (“NOD”) which was responsiblefor, both the MRGO and the Lake Pontchartain and Vicinity Hurricane Protection Plan (“LPV”). The DistrictEngineer is the senior official at NOD and responsible for oversight of Corps programs ongoing in the NOD. TheNOD reports to, and is overseen by the Lower Mississippi Valley Division (“LMVD”) whose senior official is theCommander who reports to Headquarters.
at 695. Thus, the Court undertook this trial to determine,
, whether the Corps’activities with respect to the MRGO acted like that Navy vessel destroying the levee.
I.FINDINGS OF FACTA.FACTUAL BACKGROUND1.Construction of MRGO
In 1943, Congress requested a report from the Chief of Engineers, Secretary of theArmy,
on the viability of the Mississippi River-Gulf Outlet which report was authorized by theRiver and Harbor Act and was approved on March 2, 1945. DX-0573 (H.R. Doc. No. 82-245(1951)) at 1. The genesis of this request was apparently two-fold. The activity experienced atthe Port of New Orleans during World War II made clear that an expansion and dispersion of those facilities was necessary in case of future hostilities.
at 41, ¶¶ 75-76. In addition, ashorter route to New Orleans would provide savings to the maritime industry by decreasing thedistance from the Gulf of Mexico to New Orleans by about sixty miles.
at 35-36, ¶¶ 56-57.Indeed, the needs of the maritime industry were a substantial focus for the Corps’activities as concerned the MRGO. At the same time, however, the safety of the citizenry of themetropolitan New Orleans area was another of its charges as demonstrated by Congress’
Case 2:05-cv-04182-SRD-JCW Document 19415 Filed 11/18/2009 Page 3 of 156