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Federal Appeals Court Affirms U.S. Government Liability for Hurricane Harvey Flooding Near Houston Dams
Key Takeaways
- •A federal appeals court ruled the U.S. government is liable for flood damage to homes upstream of Houston's Addicks and Barker dams during Hurricane Harvey.
- •The unanimous decision by a three-judge panel in the U.S. Court of Appeals for the Federal Circuit stated the government knew or should have known the dams couldn't protect nearby communities.
- •Approximately 14,000 homes were inside the reservoir areas when Harvey unleashed over 50 inches of rain in 2017, with more than one-third of them experiencing flooding.
- •The lawsuit alleged dams prioritized protecting downtown Houston, and many homeowners were unaware their properties were within federally owned flood control reservoirs.
- •The government has options to appeal the ruling to the full Federal Circuit or directly to the U.S. Supreme Court.
A significant legal victory for thousands of Texas homeowners has emerged following a federal appeals court's decision, which determined the United States government bears responsibility for property damage sustained by residences located upstream of Houston's Addicks and Barker dams during the devastating floods brought by Hurricane Harvey in 2017.
Earlier this week, a three-judge panel of the U.S. Court of Appeals for the Federal Circuit issued a unanimous verdict. Their ruling concluded that the government either possessed knowledge or should have been aware of the inadequate capacity of these critical flood control structures to safeguard the adjacent residential areas from such extreme weather events.
This landmark judgment stems from a class-action lawsuit initiated by affected property owners. They argued that the primary design and operational objective of the Addicks and Barker dams prioritized the protection of Houston’s urban core, situated downstream, often at the direct expense of inundating privately owned properties located further upstream. For much of the year, the lands above these reservoirs remain dry, leading many residents to be unaware that their homes were constructed within the boundaries of federally managed flood control zones. These areas subsequently filled to unprecedented capacities in the wake of Harvey.
Hurricane Harvey made landfall near Rockport as a Category 4 storm before lingering over the Houston metropolitan area, unleashing more than 50 inches of rainfall and setting new precipitation records. During this catastrophic event, an estimated 14,000 homes were situated within the designated reservoir confines. Tragically, over one-third of these properties experienced significant flooding.
The implications of this ruling are substantial, particularly for other property owners who have initiated similar legal challenges against the government. Daniel Charest, a partner at Burns Charest, the law firm representing the plaintiffs, indicated that this decision could bolster numerous other claims. In a statement, Charest emphasized, "This 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."
While representing a major step forward for the plaintiffs, the legal process is not yet concluded. The government retains several options for recourse, including the possibility of appealing the decision to the full Federal Circuit court or directly petitioning the U.S. Supreme Court for review.
Texas Governor Greg Abbott publicly acknowledged the development, expressing optimism on social media platform X. "There are a few more legal hoops to jump through but relief is now closer than ever," Abbott stated, highlighting the progress made for the impacted homeowners.
This decision underscores the complex interplay between infrastructure, urban development, and extreme weather, setting a precedent for how federal entities may be held accountable for the consequences of managing public works during natural disasters.
