WASHINGTON — A federal judge ruled Wednesday that the U.S. Army Corps of Engineers caused additional flooding damage to downstream Houston homeowners when it released water from reservoirs after Hurricane Harvey, increasing inundation beyond what would have occurred without the releases.
Judge Loren Smith issued the 48-page opinion in the United States Court of Federal Claims, finding that the release of water from the Addicks and Barker reservoirs led to more flooding of properties along Buffalo Bayou.
The ruling addressed whether the government’s actions violated the Fifth Amendment by taking private property without just compensation. The court examined 12 representative properties located downstream of the reservoirs to assess the broader impact on hundreds of homeowners.
Smith concluded that the government’s decision to open the reservoir gates three days after the storm caused greater flooding than if the water had remained contained.
The court rejected the government’s argument that the releases were necessary to prevent imminent danger to the reservoirs. The opinion cited engineering findings indicating that no significant threat to the dams existed at the time of the decision.
The ruling follows a separate decision in which a federal appeals court held the government liable for flood damage to upstream properties near the same reservoirs.
The case will proceed to a damages phase to determine compensation for affected property owners. The U.S. Department of Justice did not immediately comment on the decision.