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Federal Circuit Affirms Government Liability for Upstream Hurricane Harvey Flooding

Federal Circuit Affirms Government Liability for Upstream Hurricane Harvey Flooding

The United States Court of Appeals for the Federal Circuit has issued a decision that delivers a significant victory for property owners affected by upstream flooding from the Addicks and Barker reservoirs during Hurricane Harvey. The three-judge panel unanimously affirmed the government's liability, finding that the Corps of Engineers knew or should have known since the dams' construction that severe storms would cause the reservoirs to overflow and flood private properties.

"Broadly speaking, we won everything that we asked for," the firm’s Daniel Charest told ABC13. "With small margins on the damages side, and the government lost everything it asked for with small margins on the damages side."

According to a report on Houston Public Media, the ruling potentially opens the door for thousands of others to obtain compensation.

"Several thousand people that have already sued," Charest told the local NPR affiliate. "But all of those claims have been stayed pending a result in the appeal, and now we’re going to go back to the trial court and try and get organization around that."