News & Analysis as of

US Army Corps of Engineers Flooding

Downey Brand LLP

Ideker, USACE’s New Guidance, and Figuring Out How to do an Induced Flooding Analysis

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On July 28, 2025, the Director of Civil Works for the United States Army Corps of Engineers (USACE), Eddie Belk, issued guidance for analyzing induced flooding. This guidance is intended to help USACE Districts and Divisions...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Continuing Authorities Programs/U.S. Army Corps of Engineers: Congressional Research Service Explanatory Memorandum

The Congressional Research Service (“CRS” has issued an August 6th Explanatory Memorandum titled: Continuing Authorities Programs (CAPs) of the U.S. Army Corps of Engineers (“Memorandum”). The Memorandum provides an...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Yazoo Backwater Area Pumps Project: U.S. Environmental Protection Agency Sued for Failing to Issue 404 Veto

The environmental organization Earthjustice filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court for the District of Columbia against the United States Environmental...more

Baker Donelson

Mississippi Secretary of State Sues the Corps of Engineers for Diverting Floodwaters Off of the Mississippi Gulf Coast

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On December 30, 2019, Mississippi Secretary of State Delbert Hosemann filed suit against the U.S. Army Corps of Engineers, requesting the federal district court in Gulfport to order the Corps to stop diversions of floodwaters...more

Allen Matkins

California Environmental Law & Policy Update - November 2019 #2

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Focus - Extreme storm could overwhelm Southern California dam and flood thousands - Los Angeles Times – November 6 - Federal engineers have found that the Mojave River Dam, protecting the high desert communities of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

US Army Corps of Engineers (Little Rock District) Special Public Notice: Flood Related Repair Activities Guidance

The United States Army Corps of Engineers (Little Rock District) (“Corps”) issued a June 13 Special Public Notice (“Notice”) the purpose of which is described as providing: …guidance and a summary of exemptions and permits...more

Downey Brand LLP

USACE Issues Guidance for Use of Supplemental Appropriation

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We are happy to share the guidance on how USACE should be moving forward with projects funded under the Supplemental Appropriation. The appropriation provided an incredible $15 billion for construction...more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the Houston, TX region. The Court of Federal Claims has divided thousands of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Section 404 Clean Water Act/Citizen Suit Action: United States District Court Judge Price Marshall (E.D. Arkansas) Addresses...

United States District Court Judge Price Marshall of the Eastern District of Arkansas (Jonesboro Division) considered in an April 11th Order a Motion to Dismiss a Section 404 Clean Water Act citizen suit action. See case No....more

Pillsbury - Gravel2Gavel Construction & Real...

Court of Federal Claims Will Determine if U.S. is Liable for “Taking” Hundreds of Missouri River Properties Damaged by Severe...

Many lawsuits have been filed in the U.S. Court of Federal Claims alleging that the U.S. Army Corps of Engineers’ (Corps) management of the Missouri River flood control system has resulted in the serious flooding of many...more

Downey Brand LLP

Floodplains and Flood Risk: A Brief Overview of Changing Management Responsibilities

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When it comes to how our communities address flood risk and protect populations and economies from flooding, no one government agency is in charge. Instead, there are multiple agencies at the federal, state, and local levels,...more

Zelle  LLP

Claims Stemming from Government Regulated Flooding After Hurricane Harvey

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In August, Hurricane Harvey directly hit the city of Houston, leaving substantial wind and flood damage in its wake. Many home and business owners who avoided flood damage breathed a sigh of relief on August 28 when the...more

Clark Hill PLC

Potential Remedy for Addicks & Barker Reservoir Release Victims

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On August 25, 2017, Hurricane Harvey made landfall as a Category 4 hurricane, settling in the lower Texas gulf coast and inundating southeast Texas with almost 50 inches of water over a four-day period. The storm caused...more

Downey Brand LLP

James Dalton, Director of Civil Works at USACE, Offers Valuable Perspectives at Annual NAFSMA Conference

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One of the best ways to learn about the direction of national flood risk management is to attend the annual conference of the National Association of Flood and Stormwater Management Agencies (NAFSMA). The NAFSMA conference is...more

Downey Brand LLP

New Guidance from USACE Could Streamline Processes

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A June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including...more

Downey Brand LLP

The FY2017 Budget Continues to Support Army Corps Activities

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On Friday May 5 President Trump signed the budget deal that allows the Federal government to move from its one week continuing resolution to an adopted budget for the 2017 Fiscal Year....more

Allen Matkins

California Environmental Law & Policy Update - October 2016 #3

Allen Matkins on

Environmental and Policy Focus - Federal report recommends gas-storage safety changes - OC Register - Oct 18 - A task force commissioned by the federal Pipeline and Hazardous Materials Safety...more

Maynard Nexsen

SC Public Policy Update - April 2016 #5

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What's New - SENATE - The Senate had a very active week of floor debate as members worked through the calendar in an attempt to send bills to the House of Representatives before the May 1st crossover deadline. The...more

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