Katrina and the Aftermath What went wrong and was it a legal problem?

History of Emergency Action Laws The courts have not stopped government action aimed at protecting public health and safety in an emergency No matter how stupid in hindsight Korematsu

Modern Emergency Laws In the 1990s the feds bribed the states into passing emergency response laws Pretty good laws to deal natural disasters and flexible enough for other problems given that: COURTS NEVER INTERFERE WITH EMERGENCY ACTIONS, NO MATTER HOW STUPID

Emergency Laws Post 9/11 Homeland Security Model Emergency Health Powers Act State Emergency Powers Acts LA Emergency Power Acts

WHY PASS THESE LAWS IF THE OLD ONES WORKED?

Legislature as a Factory Legislatures see themselves as factories and their product is laws They were just responding to public concern by passing some new laws

WHY DO MORE LAWS MAKE THINGS WORSE?

Law as a Substitute for Action Laws do not increase the skills of state employees Laws do not increase resources Laws do not give politicians courage or good sense Laws are just way to deal with the media

Katrina

Short Term Problem No Meaningful Evacuation of New Orleans Was there a plan? What would an evacuation take? What is the short term cost? What is the long term cost? Development Politics

Long Term Problems - Denial Long history of flooding The levee fantasy The levees could have been overtopped if the storm had come in farther east Levees break Below sea level only works in Death Valley No meaningful building code

Where the Feds the Problem? FEMA would have done fine if state had not allowed people to be trapped in New Orleans Massive disasters defy clean up You have to prevent them when you can The only thing the feds could do would be to take over the role of state government with everything to do with coastal construction and zoning