Key Takeaways
- A federal appeals court has ruled that the government is liable for damage to homes that flooded upstream of the Addicks and Barker dams after Hurricane Harvey in 2017.
- The court found that the government was aware or should have been aware that the dams were not enough to protect nearby communities.
- The ruling could help the claims of others who have made similar allegations against the government.
- An estimated 14,000 homes were inside the reservoir at the time Harvey made landfall, and more than one-third of them flooded.
- The government could appeal the decision to the full Federal Circuit or file an appeal directly to the U.S. Supreme Court.
Introduction to the Ruling
A recent ruling by a federal appeals court has significant implications for homeowners who experienced flooding upstream of the Addicks and Barker dams after Hurricane Harvey in 2017. The U.S. Court of Appeals for the Federal Circuit unanimously ruled that the government is liable for damage to homes that flooded in the area. This decision is a major development in the ongoing litigation related to the flooding caused by Hurricane Harvey, and it could have far-reaching consequences for the government and affected homeowners.
Background on the Flooding
Hurricane Harvey made landfall in Rockport, Texas, as a Category 4 storm in 2017, and it subsequently stalled over the Houston region, dumping record levels of rain. The resulting flooding was catastrophic, with an estimated 14,000 homes inside the reservoir at the time of the storm. More than one-third of these homes flooded, causing significant damage and displacement for the families who lived there. The flooding was particularly devastating for homeowners who were unaware that their neighborhoods were built inside federally owned flood control reservoirs. These reservoirs are typically dry, but they filled to unprecedented levels after Harvey, causing widespread flooding.
The Lawsuit and Ruling
A group of homeowners filed a lawsuit against the government, alleging that the dams were built with the goal of protecting Houston’s downtown area downstream, even at the cost of flooding private lands. The lawsuit claimed that the government was aware or should have been aware that the dams were not sufficient to protect nearby communities. The court’s ruling supports this claim, finding that the government "was aware or should have been aware" of the potential for flooding. This ruling is a significant victory for the plaintiffs, and it could help to establish a precedent for similar cases.
Implications of the Ruling
The ruling has significant implications for the government and affected homeowners. Daniel Charest, a partner with the law firm of Burns Charest, which is representing the plaintiffs, said that the decision could help the claims of others who have made similar allegations against the government. Charest noted that the ruling "reinforces that every property owner whose land is subject to the government’s flowage easement deserves compensation for that permanent burden on their property rights." The government could appeal the decision to the full Federal Circuit or file an appeal directly to the U.S. Supreme Court. However, for now, the ruling brings relief closer for affected homeowners.
Next Steps and Potential Outcomes
The next steps in the case will depend on the government’s decision regarding an appeal. If the government appeals the decision, it could delay the resolution of the case and potentially lead to further litigation. However, if the government chooses not to appeal, it could lead to a settlement or compensation for affected homeowners. Governor Greg Abbott has already weighed in on the ruling, stating that "there are a few more legal hoops to jump through but relief is now closer than ever." The outcome of the case will be closely watched, as it has significant implications for the government’s liability in cases of flooding and property damage.
Conclusion and Final Thoughts
The recent ruling by the federal appeals court is a significant development in the ongoing litigation related to Hurricane Harvey. The decision highlights the importance of government accountability and the need for compensation for affected homeowners. As the case moves forward, it will be important to consider the potential implications of the ruling and the potential outcomes for affected homeowners. The ruling is a major step towards providing relief for those who experienced flooding upstream of the Addicks and Barker dams, and it could have far-reaching consequences for the government and affected communities.
