Harvey Dam Release Victims

Houston Law Firm Files Takings Class Action Against U.S. Army Corps of Engineers For Damage Caused By Dam Releases

On August 25, 2017, Hurricane Harvey impacted the Texas Gulf Coast. Intense rainfall triggered extensive flooding throughout Houston. On August 29, 2017, residents experienced temporary relief when sunshine broke through. While numerous people lost their homes to the storm, certain properties along Buffalo Bayou survived relatively unscathed. That same afternoon, the U.S. Army Corps of Engineers released the Barker and Addicks dams with full awareness of the consequences. This action submerged hundreds of additional homes and businesses that had weathered Hurricane Harvey, inflicting billions in additional damages. The firm initiated litigation representing all affected properties and businesses, covering flooding, power loss, and property value diminishment.

The Corps previously assured the public in March 2016 that dam failure posed no risk and flooding was unlikely. This assurance proved incorrect. The lawsuit does not contest whether the Corps made the right decision. Rather, it acknowledges that the Corps understood the damage it would produce and proceeded anyway. The Fifth Amendment guarantees citizens just compensation when government takes their property and its associated value.

Complicating matters further, the National Flood Insurance program currently operates underfunded, and most policies exclude coverage for government-caused damage. Insurance companies will likely pursue liability reduction and shifting strategies. Consequently, filing suit represents the most responsible approach for protecting community interests.