Missouri takes levee battle to U.S. Supreme Court

CNN ^ | 05/01/2011 | Ashley Hayes

[Hawk720]

Missouri on Sunday asked the U.S. Supreme Court to halt a plan to intentionally breach a levee on the rain-swollen Mississippi River, flooding Missouri farmland in an effort to save an Illinois town.

Earlier, Missouri filed a federal suit to block the U.S. Army Corps of Engineers from following through on its plan to breach the Birds Point-New Madrid levee. A federal judge on Friday ruled against Missouri, saying a 1928 law permits the breach of the levee to ease pressure on the river.

Missouri Attorney General Chris Koster filed an application for an injunction to the high court on Sunday. It was assigned to Justice Samuel Alito, according to the U.S. Supreme Court's website.

The Corps of Engineers says the action is necessary to save the town of Cairo, Illinois, although it will flood rural Missouri farm communities. "I know that the price being paid is high," said Maj. Gen. Michael Walsh on Saturday.

"Demolition of the levee, however, will cause serious flooding across large portions of Mississippi County," Koster's office said in a statement Thursday, when the federal suit was filed.

Koster believes the 1928 law is unclear "as to whether the Corps of Engineers actually has authority to make the decision to detonate the levee," the statement said.

[gorush]

I’m going to build a levee but I reserve the right to blow it up when I see fit....would you sign right here?

[basil]

I sure wish there were some way to divert that water to the Colorado River in Texas—we’re drying up around here—all our rivers and lakes are way down—at least that is the case Deep in the Heart of Texas—around the Austin-San Antonio area.

[basil]

I sure wish there were some way to divert that water to the Colorado River in Texas—we’re drying up around here—all our rivers and lakes are way down—at least that is the case Deep in the Heart of Texas—around the Austin-San Antonio area.

[Truth29]

Sounds like a states rights’ issue. There are 700 Missouri guard already on duty nearby. Maybe they should have a conversation with the COE.

[basil]

Looks like it’s double post time again—sorry!

[TheBattman]

Rob Peter to pay Paul?

Seriously - the flooding is a tragedy - but how come the Corps gets to play god? They built the levy to protect people and their property... so now they are going to pick and choose who’s property they protect?

[BOBWADE]

Time to arm the guards and not let them do it.

[Sacajaweau]

I think we need a new look at how we engineer waterways.

We need to think canals with exits to direct water (to treatment plants?)...just like a highway.

When the Erie Canal was built, it sucked nearby water sources and caused all kinds of milling problems. We need to do the reverse.

[Palter]

so now they are going to pick and choose who’s property they protect?

Not saying they are right, but someone has to decide this.

[relictele]

My thoughts were along the same lines....too many citizens who should know better treating the ACOE and the courts as false gods who can adequately direct the forces of nature.

[NVDave]

The COE gets to play a god because they a) built the levee, and b) had landowners under the levee sign “flood easements” to be used in the event of high waters like this.

People should think very carefully before accepting the first dollar of federal money for ANYTHING. The attachment to regulatory powers might seem like a gossamer thread then you’re hungry for the money and signing on the dotted line, but I assure you it will turn into manacles of the strongest forged steel come “emergency” times.

[digger48]

so now they are going to pick and choose who’s property they protect?

Which side do you think this administration is going to come down on?

Cairo, Illinois as of Census 2000

35.93% White,

61.70% Black or African American,

0.08% Native American,

0.72% Asian, 0.03% Pacific Islander,

0.36% from other races,

and 1.18% from two or more races;

0.74% of the population were Hispanics or Latinos of any race.

http://en.wikipedia.org/wiki/White_American

[TheBattman]

But it would seem that the Corps made the decision long ago when they built the lousy levy.

Of course, if Missouri was serious, they could call out their National Guard and have them defend the Levy... That could make things interesting.... I wonder how The One would handle THAT 2AM call... Probably no better than any other disaster or event so far.

[digger48]

http://en.wikipedia.org/wiki/Cairo,_Illinois

[TheBattman]

The plan calls for engineers to use explosives to breach the Birds Point-New Madrid levee, flooding 130,000 acres of Missouri farmland that has been designated as a flood plain.

is Cairo, IL not "in a floodplain"? Oh- wait... ILLINOIS...

2008- Missouri went for McCain, Illinois went for Obummer...

[TheBattman]

Sutton said her family has traditionally made its living farming, but "when it comes over people's lives to farmland, I say save the lives."

BS - in the time it has taken to put this plan together, and will take to implement - the orderly and complete evacuation of the town of Cairo could be carried out. This isn't about lives. It is about playing god with people's live, livelihood, and property. Cairo, Illinois is more important than most of Mississippi County, Missouri (at least one would be led to believe).

[Just another Joe]

Missouri ping

Low volume ping list

FReepmail me to be on, or off, this list.

[stormer]

State’s rights has nothing to do with it. The river is part of the “waters of the United States” and, along with this levee, under the regulatory control of the USACE.

[TheBattman]

This has NOTHING to do with this decision:

The racial makeup of Cairo, Illinois: 35.93% White, 61.70% Black or African American

The racial makeup of the Mississippi County: 77.93% White, 20.53% Black or African American.