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The Sun Is Shining over Southern California: The Politics of Federal Flood Control in Los Angeles, 1935–1969

Jared Orsi

in Hazardous Metropolis: Flooding and Urban Ecology in Los Angeles

The Los Angeles River was a picture of hydraulic order in the 1960s, attributed to the involvement of the Army Corps of Engineers. The corps brought considerable technical expertise and badly needed ... More

The Los Angeles River was a picture of hydraulic order in the 1960s, attributed to the involvement of the Army Corps of Engineers. The corps brought considerable technical expertise and badly needed federal money to bear on a problem that had confounded local efforts for more than two decades. But the emphasis on the corps's contributions is something of a deus ex machina, the engineering version of the cavalry inevitably riding to the rescue at the end of some 1950s Western movie. That emphasis misses the deeper questions of why the corps got involved at all and what enabled the federal engineers to have so much apparent success in taming the waters. In short, praising the technical wizardry of the Army Corps is accurate but incomplete; it obscures the many contingent factors of politics and climate that limited the range of options that could be imagined and implemented and that facilitated the engineers' success. These questions are important because within a decade, many southern Californians, including some engineers, were doubting whether the accomplishments of the midcentury technocracy were triumphs at all.Less

U.S. Army Engineers and the Rise of Cost-Benefit Analysis

Theodore M. Porter

in Trust in Numbers: The Pursuit of Objectivity in Science and Public Life

This chapter traces the history of cost–benefit analysis in the United States bureaucracy from the 1920s until about 1960. It is not a story of academic research, but of political pressure and ... More

This chapter traces the history of cost–benefit analysis in the United States bureaucracy from the 1920s until about 1960. It is not a story of academic research, but of political pressure and administrative conflict. Cost–benefit methods were introduced to promote procedural regularity and to give public evidence of fairness in the selection of water projects. Early in the century, numbers produced by the Army Corps of Engineers were usually accepted on its authority alone, and there was correspondingly little need for standardization of methods. About 1940, however, economic numbers became objects of bitter controversy, as the Corps was challenged by such powerful interests as utility companies and railroads. The really crucial development in this story was the outbreak of intense bureaucratic conflict between the Corps and other government agencies, especially the Department of Agriculture and the Bureau of Reclamation. The agencies tried to settle their feuds by harmonizing their economic analyses. When negotiation failed as a strategy for achieving uniformity, they were compelled to try to ground their makeshift techniques in economic rationality. On this account, cost–benefit analysis had to be transformed from a collection of local bureaucratic practices into a set of rationalized economic principles.Less

Planters, Sawyers, and Snags: The U.S. Army Corps of Engineers

Daniel McCool

in River Republic: The Fall and Rise of America's Rivers

This chapter examines the history of American river development through one of its major proponents, the U.S. Army Corps of Engineers. The Corps of Engineers is one of the oldest agencies in the ... More

This chapter examines the history of American river development through one of its major proponents, the U.S. Army Corps of Engineers. The Corps of Engineers is one of the oldest agencies in the federal government, created when Washington, DC, was both literally and figuratively a swamp. By 1824 the principal transportation corridor linking together the growing nation was the Mississippi River and its largest tributary, the Ohio. Congress ordered the Corps to rid those rivers of dangerous “planters, sawyers or snags.” This was the beginning of a long era of expansion for the Corps—an era that has yet to end. The Corps adopted the motto “Building Strong,” intended as a reference to the durability of its construction works, but also a telling metaphor for the political relationships the Corps has nurtured over two centuries. Among its projects are Elk Creek Dam in Oregon and the Kissimmee River restoration project in Florida.Less

Rivers Into Waterways: Barging, Locks, and Dams

Daniel McCool

in River Republic: The Fall and Rise of America's Rivers

This chapter examines how barging diminished the value of American rivers as a natural resource and instead allocated them to narrow, extractive uses. America's experience with canals clearly ... More

This chapter examines how barging diminished the value of American rivers as a natural resource and instead allocated them to narrow, extractive uses. America's experience with canals clearly demonstrated that transportation choices made in one era did not necessarily make good sense in subsequent eras. Despite the failure of most canal schemes, America pursued its dream of a nationwide waterway system. Rivers were so important to commerce that in the midst of the Civil War, President Abraham Lincoln made it a priority to open the Mississippi River to northern ships. Today, rivers that have been abused as a convenient sewage dump or industrial corridor are being recognized as thin threads of pastoral beauty. Some city riverfronts have been born again, but others languish in neglect. Yet the U.S. Army Corps of Engineers and the barge industry continue to argue for even more waterways and dams.Less

Westway’s Second Chance

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

This chapter examines how governor Mario Cuomo and other Westway champions tried to short-circuit the regulatory process through two different strategic moves. While political investigations into the ... More

This chapter examines how governor Mario Cuomo and other Westway champions tried to short-circuit the regulatory process through two different strategic moves. While political investigations into the earlier Westway debacles proceeded, Westway's supporters remained in a remand process, which nevertheless risked the project's momentum—if not outright defeat—thus prompting Westway supporters to initiate two end-run gambits which resulted in a short-term advantage but quickly put Westway into further jeopardy. The first and most powerful of these strategic end runs was a federal legislative subterfuge reportedly instigated by Governor Cuomo himself. The second Cuomo strategic effort to sidestep judicial and regulatory hurdles to Westway involved circumventing the usual sequence for Army Corps of Engineers decision making.Less

When They Blew the Levee

David Todd Lawrence and Elaine J. Lawless

in When They Blew the Levee: Race, Politics, and Community in Pinhook, Missouri

In this chapter, the authors analyze two narratives about the levee breach. One narrative comprises the official version of the U.S. Army Corps of Engineers, an entity of the federal government, and ... More

In this chapter, the authors analyze two narratives about the levee breach. One narrative comprises the official version of the U.S. Army Corps of Engineers, an entity of the federal government, and the other is comprised of the oral narratives related to us by the displaced residents of Pinhook. We argue, the stories shared with us by the displaced residents of Pinhook offer a reliable counter-narrative to that fashioned by the government and legal entities, one that did not acknowledge Pinhook’s existence in the spillway at the time of the flood, does not acknowledge the government culpability for the destruction of Pinhook, and has not shared in the responsibility for restitution to the African American farmers who lived there.Less

Black Water Rising: The Myth of Flood Control

Daniel McCool

in River Republic: The Fall and Rise of America's Rivers

This chapter examines how flood control diminished the value of American rivers as a natural resource and instead allocated them to narrow, extractive uses. The federal government warns that floods ... More

This chapter examines how flood control diminished the value of American rivers as a natural resource and instead allocated them to narrow, extractive uses. The federal government warns that floods are “America's number one natural disaster,” but the only thing natural about them is the rise in water level; the resulting destruction can be attributed to humans. But that is small consolation to those who, perhaps unwittingly, make their homes in the path of a moving wall of water. This is why levees are built, led by the U.S. Army Corps of Engineers. The construction of a levee is relatively simple, as is the politics of levee building. There are flood management structures all over the nation, but nowhere is the titanic struggle between low-lying people and high-flying water more dramatic than in the Lower Mississippi River Valley. It is an illusion to think that the Mississippi River can be effectively controlled. The best we can hope for is river restoration and a powerful lesson about what happens when we try to force big rivers into narrow ditches.Less

10 Westway’s Second Chance

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

This chapter examines how governor Mario Cuomo and other Westway champions tried to short-circuit the regulatory process through two different strategic moves. While political investigations into ... More

This chapter examines how governor Mario Cuomo and other Westway champions tried to short-circuit the regulatory process through two different strategic moves. While political investigations into the earlier Westway debacles proceeded, Westway's supporters remained in a remand process, which nevertheless risked the project's momentum—if not outright defeat—thus prompting Westway supporters to initiate two end-run gambits which resulted in a short-term advantage but quickly put Westway into further jeopardy. The first and most powerful of these strategic end runs was a federal legislative subterfuge reportedly instigated by Governor Cuomo himself. The second Cuomo strategic effort to sidestep judicial and regulatory hurdles to Westway involved circumventing the usual sequence for Army Corps of Engineers decision making. Less

Judgment Days

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

This chapter considers the aftermath of the trial examined in previous chapters by analyzing some legal close calls on Westway's side. Because the Army Corps had granted the Westway permit and the ... More

This chapter considers the aftermath of the trial examined in previous chapters by analyzing some legal close calls on Westway's side. Because the Army Corps had granted the Westway permit and the federal natural resource agencies had not played their objections up the executive branch hierarchy, the opponents still faced an uphill battle. Moreover, the norms of judicial deference were complicated here by numerous environmentally protective statutory and regulatory provisions that required worst-case assumptions, permit denials when faced with uncertainty, and prohibitions against avoidable or harmful fill in rivers like the Hudson. The chapter shows how the courts and the lawyers worked to sort out these issues.Less

Hurricane Betsy of 1965: The Corps Fortifies New Orleans and Congress Insures Floodplain Residents

Christine A. Klein and Sandra B. Zellmer

in Mississippi River Tragedies: A Century of Unnatural Disaster

This chapter first describes the U.S. Army Corps of Engineers' efforts to prevent the Mississippi River from changing its course. With authorization from Congress in 1954, the Corps declared “We are ... More

This chapter first describes the U.S. Army Corps of Engineers' efforts to prevent the Mississippi River from changing its course. With authorization from Congress in 1954, the Corps declared “We are fighting Mother Nature,” and “The health of our economy depends on victory.” By 1963, the Corps completed a $1 billion series of locks, dams, and floodgates known as the Old River Control Structure. The chapter then discusses the immunity provision of the 1928 Flood Control Act, which shielded the Corps from responsibility “of any kind … for any damage from or by floods or flood waters at any place”; the Corps' efforts to fortify New Orleans against floods; and the passage of the National Flood Insurance Act of 1968, which established a a joint private–government flood insurance program, known as the National Flood Insurance Program (NFIP).Less

13 Judgment Days

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

This chapter considers the aftermath of the trial examined in previous chapters by analyzing some legal close calls on Westway's side. Because the Army Corps had granted the Westway permit and the ... More

This chapter considers the aftermath of the trial examined in previous chapters by analyzing some legal close calls on Westway's side. Because the Army Corps had granted the Westway permit and the federal natural resource agencies had not played their objections up the executive branch hierarchy, the opponents still faced an uphill battle. Moreover, the norms of judicial deference were complicated here by numerous environmentally protective statutory and regulatory provisions that required worst-case assumptions, permit denials when faced with uncertainty, and prohibitions against avoidable or harmful fill in rivers like the Hudson. The chapter shows how the courts and the lawyers worked to sort out these issues. Less

6 Hurricane Betsy of 1965: The Corps Fortifies New Orleans and Congress Insures Floodplain Residents

Christine A. Klein and Sandra B. Zellmer

in Mississippi River Tragedies: A Century of Unnatural Disaster

This chapter first describes the U.S. Army Corps of Engineers' efforts to prevent the Mississippi River from changing its course. With authorization from Congress in 1954, the Corps declared “We are ... More

This chapter first describes the U.S. Army Corps of Engineers' efforts to prevent the Mississippi River from changing its course. With authorization from Congress in 1954, the Corps declared “We are fighting Mother Nature,” and “The health of our economy depends on victory.” By 1963, the Corps completed a $1 billion series of locks, dams, and floodgates known as the Old River Control Structure. The chapter then discusses the immunity provision of the 1928 Flood Control Act, which shielded the Corps from responsibility “of any kind … for any damage from or by floods or flood waters at any place”; the Corps' efforts to fortify New Orleans against floods; and the passage of the National Flood Insurance Act of 1968, which established a a joint private–government flood insurance program, known as the National Flood Insurance Program (NFIP). Less

The Cross-Examination

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

This chapter describes the critical cross-examination conducted by the opposition's lawyer, Mitchell Bernard, on the supporters' expert witness, scientist William Dovel. The trial was the focus of ... More

This chapter describes the critical cross-examination conducted by the opposition's lawyer, Mitchell Bernard, on the supporters' expert witness, scientist William Dovel. The trial was the focus of Westway partisans, and Dovel became the most important witness. His testimony offered some glimpses of weakness, perhaps most obviously with his possible overconfidence when all other scientists conceded uncertainty. But Dovel also helped by offering the only expert validation, outside the Army Corps, for the conclusion that Westway posed no significant risks to striped bass. The question at thisd point was whether his views and certitude could hold up under Bernard's questioning, which the chapter recounts in depth.Less

Hurricane Katrina of 2005: Revealing the Importance of Coastal Wetlands

Christine A. Klein and Sandra B. Zellmer

in Mississippi River Tragedies: A Century of Unnatural Disaster

This chapter focuses on the devastation wrought by Hurricane Katrina in 2005 and its aftermath. Katrina raged across a 93,000 square mile area with sustained winds of up to about 125 miles per hour. ... More

This chapter focuses on the devastation wrought by Hurricane Katrina in 2005 and its aftermath. Katrina raged across a 93,000 square mile area with sustained winds of up to about 125 miles per hour. It triggered an immense storm surge along the northern Gulf Coast—topping out at about twenty-seven feet in some areas. An estimated 80 percent of New Orleans was awash in floodwater up to twenty feet deep. Katrina made history as the deadliest hurricane since 1928, killing directly or indirectly at least 1,800 people in Louisiana, Mississippi, Florida, Georgia, and Alabama. Hurricane Katrina reinforced the central lesson of the flood of 1927: when flood control structures fail, they exacerbate greatly the damage caused by natural storms. Ultimately, the Army Corps of Engineers accepted a large dose of responsibility for the failure of levees and floodwalls.Less

12 The Cross-Examination

William W. Buzbee

in Fighting Westway: Environmental Law, Citizen Activism, and the Regulatory War That Transformed New York City

This chapter describes the critical cross-examination conducted by the opposition's lawyer, Mitchell Bernard, on the supporters' expert witness, scientist William Dovel. The trial was the focus of ... More

This chapter describes the critical cross-examination conducted by the opposition's lawyer, Mitchell Bernard, on the supporters' expert witness, scientist William Dovel. The trial was the focus of Westway partisans, and Dovel became the most important witness. His testimony offered some glimpses of weakness, perhaps most obviously with his possible overconfidence when all other scientists conceded uncertainty. But Dovel also helped by offering the only expert validation, outside the Army Corps, for the conclusion that Westway posed no significant risks to striped bass. The question at thisd point was whether his views and certitude could hold up under Bernard's questioning, which the chapter recounts in depth. Less

Family Ties

Andrew W. Kahrl

in Land Was Ours: How Black Beaches Became White Wealth in the Coastal South

The chapter examines the unique set of challenges facing family-owned and operated black beach resorts in burgeoning coastal real estate markets in the mid-20th century South. It profiles the Freeman ... More

The chapter examines the unique set of challenges facing family-owned and operated black beach resorts in burgeoning coastal real estate markets in the mid-20th century South. It profiles the Freeman family and traces the history of their extensive coastal landholdings in New Hanover County, North Carolina, which became home to a thriving community of homes, entertainment venues, and seasonal enterprises. Through the story of a single family over several generations, the chapter shows how landownership imbued black families with a sense of independence and fierce determination to defend themselves and their property. It also demonstrates just how daunting the protection of property was for African Americans living along coastlines undergoing massive infrastructure and economic development. It shows how federal coastal engineering projects led to massive erosion of black-owned land, which undermined the Freeman family’s business interests and made its landholdings more vulnerable to the damaging effects of hurricanes and storms. It also shows how the land’s status as heirs’ property (a legal term used to describe land held by the descendents of the original owner in undivided shares) left this and other black families vulnerable to expropriation by land speculators.Less

8 Hurricane Katrina of 2005: Revealing the Importance of Coastal Wetlands

Christine A. Klein and Sandra B. Zellmer

in Mississippi River Tragedies: A Century of Unnatural Disaster

This chapter focuses on the devastation wrought by Hurricane Katrina in 2005 and its aftermath. Katrina raged across a 93,000 square mile area with sustained winds of up to about 125 miles per hour. ... More

This chapter focuses on the devastation wrought by Hurricane Katrina in 2005 and its aftermath. Katrina raged across a 93,000 square mile area with sustained winds of up to about 125 miles per hour. It triggered an immense storm surge along the northern Gulf Coast—topping out at about twenty-seven feet in some areas. An estimated 80 percent of New Orleans was awash in floodwater up to twenty feet deep. Katrina made history as the deadliest hurricane since 1928, killing directly or indirectly at least 1,800 people in Louisiana, Mississippi, Florida, Georgia, and Alabama. Hurricane Katrina reinforced the central lesson of the flood of 1927: when flood control structures fail, they exacerbate greatly the damage caused by natural storms. Ultimately, the Army Corps of Engineers accepted a large dose of responsibility for the failure of levees and floodwalls. Less

1841–1885: Wait! Its Heart Is Still Beating: (Eeskwa perakiiwi ateehi)

Mark Walczynski

in The History of Starved Rock

This chapter illustrates the growing public interest in Starved Rock. Privately owned starting in 1835, Starved Rock was the domain of Daniel Hitt. In time, private development of the Starved Rock ... More

This chapter illustrates the growing public interest in Starved Rock. Privately owned starting in 1835, Starved Rock was the domain of Daniel Hitt. In time, private development of the Starved Rock region grew. The adjacent property south and east of Starved Rock was purchased by private individuals, mainly farmers, industrious people whose labor brought forth the promise of the underdeveloped lands of Illinois that had years before been reclaimed by nature. In addition to tillable land, the farmers utilized erodible land for pasture to feed domestic livestock. In 1867, the US Army Corps of Engineers dispatched a party of cartographers to map the Illinois River. In September and October of 1883, another group of Army engineers under the supervision of W. H. H. Benyaurd surveyed the Illinois River. By the close of the nineteenth century, mining and industry were becoming an important part of the Starved Rock area's economy.Less

Income Tax Evasion, Medicare Fraud, Organized Crime, Environmental Disputes, and Bankruptcy

James M. Denham

in Fifty Years of Justice: A History of the U.S. District Court for the Middle District of Florida

The chapter deals with income tax evasion, including beginning discussion of the high-profile Wesley Snipes prosecution. The chapter then turns to Medicare fraud prosecutions. The changing nature of ... More

The chapter deals with income tax evasion, including beginning discussion of the high-profile Wesley Snipes prosecution. The chapter then turns to Medicare fraud prosecutions. The changing nature of organized crime activity in Florida is the next subject covered in the chapter. The employment of “crews” and how they were prosecuted in the Middle District is included. Next the chapter turns to environment disputes, especially plaintiffs’ actions against large-scale developments considered to be outside federal guidelines. Issues such as manatee protection, protecting wetlands, and massive developments that violated existing rules and generally threatened the environment were often before federal judges. Middle District judges adjudicated endangered species questions as well. Finally the chapter turns to bankruptcy in the Middle District Court from 2000 to the present and a number of new additions to the Bankruptcy bar are featured.Less

Untangling the Causes of Sorting

in The Partisan Sort: How Liberals Became Democrats and Conservatives Became Republicans

Drawing on data from original randomized experiments, this chapter investigates the causal linkage between elite polarization and mass sorting. It examines cause-and-effect relationships by looking ... More

Drawing on data from original randomized experiments, this chapter investigates the causal linkage between elite polarization and mass sorting. It examines cause-and-effect relationships by looking at the rise of stem cell research. In 2005, demographics, particularly religion, was a major explanatory factor underlying support for stem cell research. Today, party plays a crucial role. Democrats and Republicans differed in their support for stem cell research by 8 percent in 2001 and by 26 percent in 2005 as the two sides sorted themselves out. The experiment addressed five issues: whether the Army Corps of Engineers should add more external review of the environmental impact of a project prior to construction; whether air traffic controllers should be employed by the federal government or the private sector; whether the government should allow deregulation of the electricity market; whether the government should maintain the ban on coastal drilling for oil and natural gas; whether the federal or state governments should maintain primary control over job-training programs.Less