Hurricane Harvey’s Flood Damage Liability
A federal appeals court has ruled that the U.S. government is liable for Hurricane Harvey’s flood damage to homes located upstream of Houston’s Addicks and Barker dams in 2017. This decision has been a long time coming, with attorneys for the homeowners being optimistic that the end of the years-long legal battle may be in sight.
Background of the Case
The case began when a subdivision within the Addicks Reservoir was flooded by Harvey in August 2017. The homeowners affected by the flood damage sued the government, claiming that the construction of the dams caused damage to their private property. A three-judge panel of the U.S. Court of Appeals for the Federal Circuit ruled unanimously that the government knew, or should have known, that the construction of the dams would cause damage to private property.
Impact of the Ruling
The ruling potentially opens the door for thousands of others to obtain compensation. Attorneys Daniel Charest and Charles Irvine, who are representing the homeowners, are optimistic about the outcome. Charest said, "The heavy lifting of trying to figure out what the law is and how the law applies to the facts at hand got done. And so, the rest of the claimants can sort of walk through this beachhead, if you will, to use a military analogy and move forward with their claims."
Next Steps
The government could appeal the decision to the full Federal Circuit, for what is known as an en banc hearing, or file an appeal directly to the U.S. Supreme Court. However, the Justice Department has not immediately responded to a request for comment on whether it would do either. Charest and Irvine are working on building a pool of litigants for a class action lawsuit against the government. Charest said, "Anyone that has an interest in filing claim should reach out to us as soon as they can, and we will do our level best to get them brought on board and do what we can for them."
Conclusion
The ruling is a significant step forward for the homeowners who have been affected by the flood damage. While the legal battle is not yet over, the decision provides hope for those seeking compensation. As Charest said, "It brings everything a little closer, but it’s very frustrating for our clients and us." The outcome of this case will have a significant impact on the thousands of others who have been affected by the flood damage, and it will be interesting to see how the government responds to the ruling.
