Feds hope to overturn Katrina flood ruling

By the Associated Press | November 9, 2011 | 4:25 AM EST

NEW ORLEANS (AP) — The federal government is seeking to overturn a 2009 ruling that found the Army Corps of Engineers responsible for massive flooding after Hurricane Katrina because it failed to properly maintain a navigation channel.

An appeal of a landmark ruling by U.S. District Judge Stanwood Duval is scheduled to be heard Wednesday by a panel of the 5th U.S. Circuit Court of Appeals in New Orleans.

The case focuses on the Mississippi River-Gulf Outlet, a navigation channel on the eastern side of New Orleans. Duval ruled the corps' shoddy work to maintain the channel led to the flooding of St. Bernard Parish and the Lower 9th Ward after the 2005 storm.

Federal lawyers will argue the federal government is immune from liability as stipulated by the Flood Control Act of 1928.