Bracewell’s Warren Harris noted to Law360 reporter Michelle Casady what stuck out to him in the recent Hurricane Harvey takings ruling.
Harris said it was “the clarity of the evidence that supported the judge’s ruling, including internal Corps documents.” He added that “the ruling also shot holes through the governments’ defenses of police power and necessity.”
“[Judge Lettow] made it very clear the government can’t claim it was unavoidable when it planned this very event for years, when the government created the emergency,” Harris said. “There was nothing unexpected here. The storm might have been monumental, but what happened was exactly predicted by the government.”