On January 21, 2020 the court dismissed Louisiana’s action for injunctive relief from the United States Army Corps Engineers (“Corps”) in which the State claimed that a federal canal in New Orleans had expanded well beyond its legal boundaries and was eating away at the State land. The Corps were authorized under the River and Harbor Improvements Act of 1925 to construct the Gulf Intracoastal Waterway that ran from New Orleans to Galveston. In 1942, Congress expanded the authorized width of the Waterway to 125 feet. The State asserts that the Waterway is now 670 feet in width at some points and is encroaching on the State’s White Lake Wetlands Conservation Area. This expansion and encroachment contributes to coastal erosion and saltwater intrusion.
Stephanie J. Rogers,
Sovereign Immunity, The Takings Clause, and the Detrimental Effect of Unregulated Government Action in Louisiana v. U.S.,
Ocean & Coastal L.J.
Available at: https://digitalcommons.mainelaw.maine.edu/oclj/vol26/iss1/4