2026 CASE UPDATES

April 22, 2026

DOWNSTREAM – Case Update – Court Rules In Our Favor

We write to report a development in the case:
This afternoon, we finally received the long-awaited decision from the Court. We are pleased to report that the Court found in our favor. In the Opinion & Order dated today, Judge Smith wrote the following:

“Accordingly, the Court finds JUDGMENT in favor of plaintiffs and shall be entered upon a determination of damages. The Court also, GRANTS summary judgment in favor of plaintiffs and and DENIES summary judgment in favor of defendant on all motions.”

We Won!

However, we want to remind everyone that this is just the first phase of the case (the liability phase). The second phase–the determination of damages, or how much the government needs to compensate the property owners–is still ahead.

Nonetheless, we are pleased that the Court finally issued this ruling after nine plus years of litigation (since 2017). The Opinion from the judge is 48 pages long and will take us a while to fully digest. Although, for now, we have a positive ruling in our hand.

We want to thank everyone on the Downstream litigation team who fought the good fight with our deepest thanks and gratitude. This is a hard-fought, hard-won result for all of us.

A copy of the Opinion is available here.

As always, please do not hesitate to contact us with any questions or comments.

January 16, 2026

DOWNSTREAM – Case Update

We write to report a development in the case:
On January 15, 2026, the Court called a status conference with the Downstream litigation team and the government attorneys. We attended.

Judge Smith started the conference by citing the recent ruling from the Upstream case (Ablan v. U.S., No. 2023-1363), where the Court of Appeals for the Federal Circuit largely affirmed the Upstream ruling, favorable to the Upstream Plaintiffs/homeowners. Since this decision came from a higher court and also involved the federal government (the Army Corps), that decision has precedential value over the Downstream case as well.

Judge Smith suggested that the parties meet over and discuss the possibility of settlement. Judge Smith also advised that, while he has not issued a ruling yet, he is currently leaning toward the Plaintiffs’ side.

The Downstream litigation team advised that we are amenable of settlement negotiation and welcome the opportunity. The government’s representative attorney, however rejected the idea and stated that the government is not interested in negotiations, despite the Judge’s suggestion (Judge Smith offered it twice during the conference.

Judge Smith stated that, in that case, he will proceed accordingly.
With that, we will await the Court to issue a ruling in the meantime. Although, we encouraged by the Court’s comment during the conference. We shall see how the Court rules.

As always, please do not hesitate to contact us with any questions or comments.