Katrina and the Aftermath
What went wrong and was it a legal
problem?
History of Emergency Action Laws
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The courts have not stopped government action
aimed at protecting public health and safety in an
emergency
No matter how stupid in hindsight
 Korematsu
Modern Emergency Laws
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In the 1990s the feds bribed the states into
passing emergency response laws
Pretty good laws to deal natural disasters and
flexible enough for other problems given that:
 COURTS NEVER INTERFERE WITH
EMERGENCY ACTIONS, NO MATTER HOW
STUPID
Emergency Laws Post 9/11
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Homeland Security
Model Emergency Health Powers Act
State Emergency Powers Acts
LA Emergency Power Acts
WHY PASS THESE LAWS IF THE OLD
ONES WORKED?
Legislature as a Factory
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Legislatures see themselves as factories and their
product is laws
They were just responding to public concern by
passing some new laws
WHY DO MORE LAWS MAKE THINGS
WORSE?
Law as a Substitute for Action
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Laws do not increase the skills of state employees
Laws do not increase resources
Laws do not give politicians courage or good
sense
Laws are just way to deal with the media
Katrina
Short Term Problem
No Meaningful Evacuation of New Orleans
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Was there a plan?
What would an evacuation take?
What is the short term cost?
What is the long term cost?
 Development
 Politics
Long Term Problems - Denial
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Long history of flooding
The levee fantasy
 The levees could have been overtopped if the
storm had come in farther east
 Levees break
 Below sea level only works in Death Valley
No meaningful building code
Where the Feds the Problem?
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FEMA would have done fine if state had not
allowed people to be trapped in New Orleans
Massive disasters defy clean up
 You have to prevent them when you can
The only thing the feds could do would be to take
over the role of state government with everything
to do with coastal construction and zoning