Today's Article
The agency has long
housed the
hurricane victims in
trailers containing
dangerous levels of
formaldehyde.
housed the
hurricane victims in
trailers containing
dangerous levels of
formaldehyde.
The American Spark
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FEMA Wants Immunity From Katrina Trailer Lawsuits
By Cliff Montgomery - July 23rd, 2008
The U.S. Federal Emergency Management Agency (FEMA) today requested a federal judge to grant lawsuit
immunity to the agency, which is being sued by Gulf Coast hurricane victims over possibly hazardous fumes in
federally-issued trailers that have housed several thousand individuals in the region.
Katrina and Rita victims have filed a lawsuit charging FEMA with negligence. Why? The agency has long
housed the hurricane victims in trailers containing dangerous levels of formaldehyde, which is used in building
materials and which may cause sickness through exposure.
But a Bush Administration attorney argued an interesting misapplication of logic to U.S. District Judge Kurt
Engelhardt (U.S. District Court - Eastern District of Louisiana), claiming that FEMA's actions in response to
any disaster--which of course would include its decision to use poison-laden trailers for Katrina victims--are
legally immune from "judicial second-guessing."
"It is what the legislative branch is supposed to second guess, and they are doing that," crowed Justice
Department lawyer Henry Miller, who was pointing out the number of congressional hearings which already are
investigating this matter.
But Miller's claim essentially pretends that only Congress has the right hold the Executive Branch accountable
for such actions--a strange claim indeed, since this same White House has spent the last seven years denying
that any person or group may rightfully hold them accountable for anything.
While of course Congress has the right of oversight on the Executive, it may be painful for the Bush White
House to discover that the same holds true for the Judicial Branch of government--we have three branches to
our federal government, each with the right and duty of oversight over the other two.
And since an act of dangerous negligence is a legal question, it is at least as correct for U.S. courts to hold this
administration accountable for its breaking of established American law as it is for Congress.
Gerald Meunier, lawyer for the plaintiffs, replied that FEMA indeed may be found liable for providing victims of
Hurricanes Katrina and Rita with unsafe trailers that clearly weren't intended for long-term housing.
"Some of these people are still living in these trailers almost three years later," said Meunier.
Judge Engelhardt said he would consider FEMA's immunity request, but didn't say when he would issue a final
ruling.
Like what you're reading so far? Then why not order a full year (52 issues) of the The American Spark
e-newsletter for only $15? A major article covering an story not being told in the Corporate Press will be
delivered to your email every Monday morning for a full year, for less than 30 cents an issue. Order Now!
By Cliff Montgomery - July 23rd, 2008
The U.S. Federal Emergency Management Agency (FEMA) today requested a federal judge to grant lawsuit
immunity to the agency, which is being sued by Gulf Coast hurricane victims over possibly hazardous fumes in
federally-issued trailers that have housed several thousand individuals in the region.
Katrina and Rita victims have filed a lawsuit charging FEMA with negligence. Why? The agency has long
housed the hurricane victims in trailers containing dangerous levels of formaldehyde, which is used in building
materials and which may cause sickness through exposure.
But a Bush Administration attorney argued an interesting misapplication of logic to U.S. District Judge Kurt
Engelhardt (U.S. District Court - Eastern District of Louisiana), claiming that FEMA's actions in response to
any disaster--which of course would include its decision to use poison-laden trailers for Katrina victims--are
legally immune from "judicial second-guessing."
"It is what the legislative branch is supposed to second guess, and they are doing that," crowed Justice
Department lawyer Henry Miller, who was pointing out the number of congressional hearings which already are
investigating this matter.
But Miller's claim essentially pretends that only Congress has the right hold the Executive Branch accountable
for such actions--a strange claim indeed, since this same White House has spent the last seven years denying
that any person or group may rightfully hold them accountable for anything.
While of course Congress has the right of oversight on the Executive, it may be painful for the Bush White
House to discover that the same holds true for the Judicial Branch of government--we have three branches to
our federal government, each with the right and duty of oversight over the other two.
And since an act of dangerous negligence is a legal question, it is at least as correct for U.S. courts to hold this
administration accountable for its breaking of established American law as it is for Congress.
Gerald Meunier, lawyer for the plaintiffs, replied that FEMA indeed may be found liable for providing victims of
Hurricanes Katrina and Rita with unsafe trailers that clearly weren't intended for long-term housing.
"Some of these people are still living in these trailers almost three years later," said Meunier.
Judge Engelhardt said he would consider FEMA's immunity request, but didn't say when he would issue a final
ruling.
Like what you're reading so far? Then why not order a full year (52 issues) of the The American Spark
e-newsletter for only $15? A major article covering an story not being told in the Corporate Press will be
delivered to your email every Monday morning for a full year, for less than 30 cents an issue. Order Now!