Cont’l Ins. Co. v. United States

Water flows through Old Hickory Dam on the Cumberland River toward Nashville. The Dam’s reservoir is divided into three pools. If water exceeds the capacity of the surcharge pool, the Army Corps of Engineers must accelerate discharges through the dam to prevent it from being destroyed. The surcharge pool is kept empty except during floods. An unprecedented storm swept through the Cumberland River Basin on May 1–2, 2010. Water was kept at its usual depth even though the Corps was aware of the forecast; discharges through the dam were not increased until a flood emergency was declared. Releases were less than the natural flows from the rainfall and the stormwater draining into the reservoir. While the Corps’ manager was absent, water levels in the reservoir rose in the surcharge pool. When the water level had risen to the top of the surcharge pool, the Corps was forced to release massive volumes of water, but never warned downstream residents about the unprecedented discharge. The discharged waters reached the Nashville area, breaching levees and destroying and damaging property. The Sixth Circuit affirmed dismissal, reasoning that the claims are barred by the discretionary function exception to the Federal Torts Claims Act. View "Cont'l Ins. Co. v. United States" on Justia Law