Addicks/Barker Reservoirs Flooding Damages
April 10, 2025
DOWNSTREAM- Final Argument Delivered Before the Court of Federal Claims. The Liability Portion of the Case Concludes.
The Downstream Litigation team delivered the Final Argument before the Court of Federal Claims in Washington, D.C. this Tuesday (Apr. 8, 2025), before the presiding judge – the Honorable Loren Smith.
The Final Argument was given by three lead attorneys, with our own Jack McGehee concluding the Arguments. The team utilized hours and hours of trial testimony, deposition testimony, the Corps’ own internal documents, and expert testimony (largely uncontested by the defense expert) – to present a compelling conclusion for the judge. The conclusion: there was no “emergency” that necessitated the opening of the flood gates, as admitted to by the Corps’ various personnel (before “emergency” became an issue in the case); as well as the lack of reference of any “emergency” in the Corps’ own reports and documentation. Further, both the Plaintiffs’ expert and the Corps’ expert agree – that if the gates were not opened, then, the vast majority of the test properties would not have flooded, and the others would have received less flooding. The above conclusion was made abundantly clear through the 500,000 pages of documents and hundreds of hours of lengthy deposition/trial testimony.
The government’s strategy focused on the “emergency” declarations by the Corps and the federal and state government – although the government failed to point out that these “emergency” declarations were made days prior to Harvey, and had nothing to do with the opening of the flood gates. These declarations concern Harvey in general, but not the Addicks/Barker reservoirs that are the subject of this case. Additionally, the government emphasized on how much the Addicks/Barker dams have benefited the Houston area in the past and how it was reasonable for the Corps to open the gates. The government, however, did not address that these claims are not relevant in the legal analysis of a government “taking” of private property.
In any event, we believe the Downstream litigation team has done an excellent job prosecuting the case. Thanks to Jack McGehee, Rand Nolen, Richard Mithoff, Larry Dunbar, Russell Post, Parth Gejji, Warner Hocker, David Hobbs (in no particular order), and those in the Downstream Litigation Team who spent countless hours examining witnesses and analyzing hundreds of thousands of pages of documents. This was indeed an outstanding group effort, and a long and tough battle fought, 8+ years in the making.
For now, the first part of the case – the “liability” portion – has concluded. The judge advised that he intends to issue a ruling soon. We will advise as soon as we receive his decision.
For those who tuned in to watch the Final Arguments, please feel free to let us know your impressions and thoughts.
As always, please do not hesitate to contact us with any questions or comments.
April 3, 2025
DOWNSTREAM- Closing Arguments Log-In Information, Tuesday, April 8, 2025, 10:00 a.m. (CST) / 11:00 a.m. (EST).
We write to remind everyone that the Final Arguments for the case is scheduled before the Court of Federal Claims in Washington, D.C. It is available for viewing via Zoom, at:
Topic: IN RE DOWNSTREAM ADDICKS AND BARKER (TEXAS) FLOOD-CONTROL RESERVOIRS v. USA, 17-9002, Sr. Judge Smith
Time: Apr 8, 2025 11:00 AM Eastern Time (US and Canada)
Join ZoomGov Meeting Link
Meeting ID: 160 996 9646
Passcode: 270018
Please note that the start time is 10:00 a.m. (CST) / 11:00 a.m. (EST).
A reminder – the issues to be decided by the Court are the two questions that the judge raised, which are:
- Was there an emergency that necessitated the United States Army Corps of Engineers (the “Corps”) opening the Addicks and Barker reservoir gates, or were the gates opened as a matter of ordinary operating procedure; and
- What would have happened if the gates had remained closed?
We believe that the answer to (1) is a “no” – as reflected by witness testimony, and the Corp’s own documents. We also believe the answer to (2) is – vast majority of the property owners would not have flooded; and those who would have still flooded would have received less flooding.
The government disagrees, and will present its own version of facts.
Please share the word with everyone who was affected by the downstream flood release in 2017. We will fight to finish up this final chapter in the “liability” portion of the trial next Tuesday.
As always, please do not hesitate to contact us with any questions or comments.
March 24, 2025
DOWNSTREAM – Closing Arguments Postponed Again.
We write to report that the Final Argument is being postponed, again; and the judge is still ill. Please cancel any plan to go to the courthouse tomorrow.
Meanwhile, we just got off of a telephone conference with the judge, who apologized for having to postpone. Although, the Court is rescheduling the final arguments for 10:00 a.m. (CST) / 11:00 a.m. (EST), April 8, 2025. The Court will also make the proceeding available via Zoom for anyone to watch online.
This proceeding will be held in Washington D.C. instead. Our firm’s senior partner, Jack McGehee, will be presenting final arguments with other Downstream litigation team members. Please share the word with everyone who was affected by the downstream flood release in 2017. Again – there will be no Final Arguments tomorrow (March 25, 2025).
As always, please do not hesitate to contact us with any questions or comments.
March 14, 2025
DOWNSTREAM – Closing Arguments Re-Scheduled at 11 am, Tuesday March 25 in Houston, Tx
We write to report that the Final Argument is now re-scheduled to take place at 11:00am on Tuesday, March 25, 2025, here in Houston, Texas. Both the Plaintiffs and the government will present their respective final arguments to summarize the case. Judge Smith will be traveling to Houston to host and receive the arguments. We expect the entirety of the arguments to take no more then two hours.
For the Plaintiffs, the Final Argument will be presented by Mr. Jack McGehee, Mr. Rand Nolen, and Mr. Richard Mithoff.
Location of the closing arguments:
The Bob Casey Federal Courthouse in downtown Houston
515 Rusk St
Houston, Tx, 77002
This is the link that shows parking availability near the courthouse.
Please share word with everyone who was affected by the downstream flood release in 2017. This will mark the conclusion of the liability portion of the trial. We encourage everyone who can attend to join us then.
As always, please do not hesitate to contact us with any questions or comments.
March 4, 2025
DOWNSTREAM – Closing Arguments Postponed
We write to advise that the final part of the Downstream trial – the Closing Arguments (scheduled for Thursday, March 6) – will be postponed. This morning, the judge’s clerk advised that Judge Smith suffered an illness, and will not be able to travel to Houston to conduct the closing arguments.
We will advise everyone once there is a new date for the closing arguments (likely in the later part of March). As of now, there will be no closing arguments this Thursday as previously planned.
As always, please do not hesitate to contact us with any questions or comments.