Home
Looking into the future the Pelican feeding its young from a self-induced wound in its own breast (as depicted, mysteriously, on the state flag of Louisiana) is accepted as an appropriate symbol of both self-sacrifice and rebirth. Through his selfless efforts, man is raised from the slavery of ignorance to the condition of freedom conferred by wisdom. Given the current state of affairs in Louisiana, one hopes that the understanding of the Pelican as a symbol shall point the way towards a new consciousness of ourselves as a whole, and lead us to face our futures with strength, grace, wisdom and faith, to learn from our mistakes and carry our successes and zest for living to future generations.

Lawsuit Can Go on Without Corps, State, Lawyers Contend

  1. June 20, 2008
  2. By Nikki Buskey
  3. Staff Writer
  4. http://www.houmatoday.com
HOUMA -- Attorneys for the Terrebonne Levee District said an environmental group suing the entity should have included other agencies.

But lawyers representing Save Our Wetlands, the organization which claims that a segment of the Morganza-to-the-Gulf project violates federal law, disagree. Their aim, they said, is to halt construction of the segment until the question is resolved.

The U.S. Army Corps of Engineers and the state Department of Transportation and Development should have been sued along with the Levee District, said its attorney, Berwick Duval.

But Jill Witkowski, attorney for the Tulane Environmental Law Clinic, which is representing Save Our Wetlands, does not see that as necessary.

"They haven’t proven that corps and the state are necessary parties that need to be involved in the case for the issue of whether the levee district needed a permit to be resolved, Witkowski said. The lawsuit claims that work on the first three-mile section of the Morganza, which recently wrapped construction near Pointe-aux-Chenes, was built without the permits required under the U.S. Clean Water Act.

That permit was necessary to dig and fill in any wetlands, Witkowski said. Morganza is a planned system of levees, floodgates and a lock on the Houma Navigation Canal designed to protect Terrebonne and parts of Lafourche from storm flooding.

Save Our Wetlands attorney Luke Fontana has also stated that the levee will damage wetlands and allow for development to go forward on flood-plains behind the system. Levee district officials have countered that they followed all the rules and regulations necessary to build the levee.

Save Our Wetlands filed suit against the levee district for $24 million last week, the cumulative amount of the $32,500 per day fine for all days without proper permits, as well as a halt to construction on the project until the permit is obtained.

Representatives of T. Baker Smith Inc., the engineering firm responsible for constructing the section of levee in question, announced in June they had completed construction of the section of levee known as J-1. Witkowski said that won’t affect the lawsuit.

"It’s still an ongoing violation if they’re found to have filled in wetlands illegally," Witkowski said.

Lawyers with the Terrebonne Levee District could not be reached for comment Thursday afternoon.

Duval maintains that the Department of Transportation and Development and the corps should be held to the same level of responsibility as the Terrebonne Levee and Conservation District. The corps, in particular, oversaw the permitting process allowing levee work to go forward.

In addition, the state Department of Transportation and Development footed a portion of the levee’s price tag.

The representatives with Transportation and Development and the corps have both said they won’t comment on legal issues. The first hearing in this suit is scheduled for 10 a.m. Wednesday at U.S. District Court, 500 Poydras St. in New Orleans, to review the papers filed by both sides.

FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Save Our Wetlands Inc.(SOWL) has no affiliation whatsoever with the originator of this article nor is Save Our Wetlands Inc.(SOWL) endorsed or sponsored by the originator. For more information go to:www.law.cornell.edu/uscode/17/107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.