Mississippi River Flood Litigation
Pendley, Baudin & Coffin, L.L.P. has filed a lawsuit for their clients against the United States Corps of Engineers for having caused flooding of lands, both inside and outside the Mississippi River Levee system, because of the construction and operation of the Old River Control Structure north of Morganza, Louisiana. This structure has caused increased sedimentation of the riverbed thereby raising the elevation of the water, especially in high water times.
The lawsuit is filed in the United States Court of Federal Claims in Washington, D.C. The overflooding, which in the last five (5) years has become an annual event and has caused significant monetary losses to timber interests, mineral interests, agricultural interests, and recreation interests. Farmers have lost money as a result of their inability to plant certain crops because the land was underwater and even worse, have lost crops previously planted that were flooded and went underwater.
The litigation seeks recovery of these losses from the United States. The Court has determined that the litigation will be tried as a Bellwether case, which means that a few plaintiffs will be selected to have their claims tried by the Court and the findings in those cases will be applicable to all of the claimants.