Sessions Information

  • January 8, 2010
    10:30 am - 12:15 pm
    Session Type: AALS Hot Topic Programs
    Session Capacity: N/A
    Location: N/A
    Room: Napoleon Ballroom
    Floor: Third Floor

    This session focuses on three recent precedent-setting cases arising from Hurricane Katrina in New Orleans and the Gulf Coast region.   Each has major implications for environmental and tort law.   The first is Comer, decided in October, a Fifth Circuit opinion finding a cause of action against oil companies for their contribution to climate change, leading to increased hurricane intensity and Katrina damage (583 F. 3d. 855 (5th Cir. 2009)).  The second is Robinson, decided very recently, holding the Corps of Engineers liable for negligence damages from the Mississippi Gulf Outlet project, swamped by Katrina, on the basis, inter alia, of violations of the National Environmental Policy Act (647 F. Supp 2d. 644 (E.D. La. 2009)).   The third, decision pending but having survived a motion to dismiss, is St Bernard, alleging Katrina damages as takings requiring compensation under the Fifth Amendment of the Constitution (88 Fed. Cl. 528 (Fed. Cl. 2009)).   These are monster theories and equally large potential damage awards.

Session Speakers
The Law Offices of Bruno & Bruno
Speaker

Columbia Law School
Speaker

Tulane University Law School
Moderator

F. Gerald Maples, P.A.
Speaker

Session Fees

Fees information is not available at this time.