On behalf of Rock Palermo of Veron, Bice, Palermo & Wilson, LLC posted in Litigation on December 03, 2013.
There has long been a debate concerning the best approach to take when dealing with environmental damage purportedly brought on by actions of the U.S. Army Corps of Engineers. This agency has often protected itself from lawsuit by hiding behind a shield of immunity. Yet the head of the Coastal Protection and Restoration Authority in Louisiana has at least hinted that a lawsuit against the Army Corps may be in the making. This individual also feels that corps-built levies are responsible for damage occurring in the Mississippi Delta.
There has been some skepticism among attorneys whether such a lawsuit could be prosecuted. "I think it is unlikely there is some kind of magic bullet to pierce the corps' immunity," said one environmental law professor at Loyola. However, he also emphasized that individuals were looking for new ways to approach the problem.
We will have to wait and see to discover out what legal strategy will ultimately be taken against the Army Corps. While strategies are sometimes limited, attorneys will often make the case as to why one legal argument can be made while others have not been permitted. Though particular laws may be in place to provide certain defendants protection under certain situations, the policy behind such laws was never meant to permit organizations to use our natural resources in any way they choose.
Environmental law attorneys understand the various concerns of others when it comes to contamination and pollution. Anyone with questions regarding environmental concerns would be well served to speak to such professionals to discover all of their legal options.
Source: Daily Comet, "Has state found strategy to hold Corps of Engineers responsible for coastal erosion?" Jessica Williams, Dec. 2, 2013