Background
In 2019, the Bonnet Carré Spillway was opened for 123 days to prevent flooding in New Orleans. This action diverted freshwater into oyster estuaries, destroying oyster stock and beds. Oyster farmers sued the United States in the Court of Federal Claims, alleging a taking of their property in violation of the Fifth Amendment. The Court of Federal Claims dismissed the complaint, ruling that the farmers lacked a cognizable property interest because Louisiana statutes barred such claims against the government for coastal protection activities.
The court’s reasoning
The court reviewed the relevant 2006 Louisiana statutes, which state that oyster lessees’ property rights are subordinate to actions taken for coastal protection, conservation, or restoration. The statute defines these terms to include projects that protect the coast from flooding. The court found that opening the Spillway to prevent flooding fell within this definition. Consequently, the statutes barred the farmers from maintaining any action against the United States for claims arising from the spillway’s operation. The court noted that the farmers conceded they would not have a takings claim if the 2016 statutes applied, and the 2006 version was substantively the same regarding the core issue. Because the farmers failed to allege a cognizable property interest, no taking occurred.
What it means going forward
The ruling confirms that oyster lessees in Louisiana cannot sue the federal government for damages resulting from flood control operations like the Bonnet Carré Spillway, as their lease rights are legally subordinate to such public protection measures.
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