Recent U.S. Army Corps of Engineers inspections have found more than 300 of our nation’s levees to be deteriorated to the point where they no longer meet  the standards needed to protect our lives, homes  and businesses.

As a result, the Federal Emergency Management  Agency is remapping food zones in the areas surrounding these levees. Other localities near levee systems face additional mapping as FEMA fnalizes its national efforts, which are expected to impact 65 percent of all Americans during the next three years. This chain of events is forcing communities around the nation to make speedy levee improvements.

At the very least, thousands of additional property owners will be forced to buy food insurance, at a  time when many are struggling to meet their  mortgage payments.

Virtually everyone agrees that we must restore our levees, and pronto. But there is a danger that this crucial work is being stymied by hightened liability concerns hanging over engineering frms, government entities and others who play a role in this undertaking.

As Katrina raised awareness on food risks, it also has raised the risk and liability associated with prevention efforts. A lawsuit sought $400 billion from contractors who built a foodwall along New Orleans’ 17th Street Canal that failed during the hurricane. The lawsuit  was not successful, but it has a resonating effect.

Construction and engineering frms should be held responsible if they deliver negligent, poor quality work that causes a levee system to fail. Likewise, public agencies that certify levee projects should be held accountable. 

But if liability risks grow too large, construction and engineering professionals will hesitate to participate in levee projects. That will lead to less competition, unecessary delays and potentially higher costs — at a time when our states and cities can least afford it.

Much at stake
Congress should follow the recommendations put forth by the National Committee on Levee Safety to “swiftly address growing concerns regarding liability for damages resulting from levee failures.”

Millions of Americans have a stake in this debate. They should let Congress know that they want action that will fx this problem and clear the way for the levee improvements we need.

Doing so will enable us to protect millions of lives and billions of dollars worth of precious assets. We must move forward and get the job done — before it’s too late.

LeveeLiability_PoerVining_2011.pdf