Legal Opinion

In Re: Katrina Canal Breaches

Court of Appeals for the Fifth Circuit

Decided September 25, 2012No. 10-30249, 10-31054 and 11-30808PublishedCited by 29 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Treating the petition for rehearing en banc as a petition for panel rehearing, the petition for panel rehearing is GRANTED. We withdraw our opinion, In re Katrina Canal Breaches Litig., 673 F.3d 381 (5th Cir.2012), and substitute the following:

Decades ago, the Army Corps of Engineers (the “Corps”) dredged the Mississippi River Gulf Outlet (“MRGO”), a shipping channel between New Orleans and the Gulf of Mexico, and levees alongside the channel and around the city. When Hurricane Katrina struck in 2005, MRGO’s size and configuration greatly aggravated the storm’s…

2Cases cited20 opinions

  1. Winter v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 2008
  2. United States v. GaubertSupreme Court of the United States · 1991
  3. Robertson v. Methow Valley Citizens CouncilSupreme Court of the United States · 1989
  4. United States v. JamesSupreme Court of the United States · 1986
  5. Freeman v. United StatesCourt of Appeals for the Fifth Circuit · 2009

15 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. St. Bernard Parish Government v. United StatesCourt of Appeals for the Federal Circuit · 2018
  2. Board of Commissioners v. Tennessee Gas Pipeline Co.Court of Appeals for the Fifth Circuit · 2017
  3. Teresa Gonzalez v. USACourt of Appeals for the Fifth Circuit · 2017
  4. Louisiana State v. United States Army Corps of EngineersCourt of Appeals for the Fifth Circuit · 2016
  5. William Gibson v. USACourt of Appeals for the Fifth Circuit · 2016

24 more not listed; retrieve them via the Exa API.

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