After Hurricane Betsy swamped New Orleans in 1965, President Lyndon Johnson... pledged federal protection. The Army Corps of Engineers designed a Lake Pontchartrain Hurricane Barrier to shield the city with flood gates like those that protect the Netherlands from the North Sea. Congress provided funding and construction began. But work stopped in 1977 when a federal judge ruled, in a suit brought by Save Our Wetlands, that the Corps' environmental impact statement was deficient....
Speaking for environmentalists, the Center for Progressive Reform called the charges in the Los Angeles Times "pure fiction" because the judge stopped construction only until the Corps prepared a satisfactory environmental analysis. The Corps instead dropped the barrier in favor of levees that were less controversial, but which failed. So, the Center argues, fault lies with the Corps' bumbling rather than with the environmentalist lawsuit.
That's not fair. The Corps cannot stop a project, conduct a lengthy study, go back to court, and then be sure it can pick up where it left off. Large federal projects ordinarily cannot proceed unless executives and legislatures at several levels of government agree on the same course of action at the same time. That's why litigation delay can kill necessary projects. However responsibility is apportioned, but for the lawsuit, New Orleans would have had the hurricane barrier.
The federal government's reaction was equally unsophisticated. The Corps denied that the originally planned barrier would have saved the city from Katrina, but nonetheless affirmed that it was starting design of a similar barrier to protect against future hurricanes. The Department of Justice emailed field offices asking for evidence of "claims brought by environmental groups" against other Corps projects to protect New Orleans. A Sierra Club attorney complained, "Why are they trying to smear us like this?"... |