St. Bernard Parish: Federal Circuit Washes Away Takings Clause Claims Arising from Hurricane Katrina

Since the 1980s, North American hurricanes have increased in intensity, frequency and duration. Many scientists project that this trend will continue. Larger, stronger hurricanes will result in greater flooding and this could spell an upswing in Takings Clause cases where landowners claim the government exacerbated the flooding they suffered.

In the Spring/Summer 2019 edition of the NASP’s Subrogator magazine, Michael DeBona shares insights on Takings Clause jurisprudence and the impact of St. Bernard Parish Gov’t v. United States, 887 F.3d 1354 (Fed. Cir. 2018) on future Takings Clause cases.