The Corner

Re: Enviros, Levees & Nola

Thomas McGarity of the Center for Progressive Reform disputes the LA Times claims that environmental litigation derailed a levee project in the 1970s that would have protected New Orleans from the Katrina storm surge. His memo on the matter is here.

What is clear from the two accounts is 1) the project was initially halted in federal court because the Corps of Engineers produced a woefully inadequate environmental impact statement (EIS); 2) had a revised EIS have been prepared, there was no legal barrier to the project’s completion; and 3) after the initial court ruling, the Corps eventually decided to abandon the project for other reasons (e.g., cost, available alternatives, etc.).

Jonathan H. Adler — Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

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