by Don Wittig
“The United States Government calls as its next witness Lieutenant General G. W. Walker. General Walker, please state your name, occupation, and educational background for the jury.”
“My name is G. W. Walker. I am the acting deputy commander of the Civil Works division of the Army Corps of Engineers. I graduated from West Point and received my master of science degree from Texas Southern University.”
KATRINA: THE JURY ANSWERS “We have heard mention of another General Walker to whom Ms. Lewis wrote a letter in 1999. Are you that General Walker or in any way related to him?”
“No, sir, but we are sometimes confused for each other. We both went to West Point, and we both are engineers. We even overlapped tours of duty in Washington briefly, but otherwise no, not related.”
“You are deputy commander of the Civil Works division of the Corps. Give the jury some background about Civil Works.” “We do whatever Congress tells us to do. Even though we are
the Army Corps of Engineers, we actually only have about six hundred and fifty regular army in the Corps. The vast majority of the
Corps personnel are civilian. They number about thirty-five thousand, and we work all over the world.
“Here in the United States, one of our chief missions is to support and improve the environment. We are controlled by many different acts of Congress, such as environmental management, restoration, toxic cleanup, wetlands restoration, and more. Some of our
duties are spelled out in the Environmental Policy Act of 1969, the
Clean Air Act of 1976, the Clean Water Act of 1972, the Manhattan
Cleanup Project of 1997, as well as the Superfund cleanup legislation. Believe it or not, we manage thousands of miles of forest
and wildlife habitat. We monitor water quality at dams, operate
fish hatcheries, and have environmental compliance duties. We
try to prevent discharge of hazardous material and pollution. Of
course, we do a lot of permitting regarding navigable waterways
going back to the Rivers & Harbors Act of 1899. We also help to
enforce antidumping laws, eliminate obstructions to navigation,
and so forth. We assist and support sixty other federal and state
agencies. We are even involved with the DEA and Immigration and
Naturalization.
“We are also engaged extensively with navigation. This was one
of our first Congressionally assigned duties dating back to 1824.
Our first waterway projects included the Mississippi and Ohio Rivers. We also work to improve various deep-water ports. Then
we started on the ICW, or Intracoastal Waterway.”
“General Walker, let me stop you right there. Some of our environmental friends sitting at the other counsel table don’t like it
when the Corps digs new canals, dredges the ICW, or does anything to disturb nature. What are your observations about those
criticisms?”
“Well sir, we always perform studies and evaluate the environmental impact before we begin any project. The Corps is environmentally friendly by act of Congress. Plus, if environmental groups
dispute our findings, they have special privileges, more than any
other similar groups or individuals to go to court and challenge our
findings and procedures. Often they do just that. Sometimes they
are very aggressive.
“I cannot tell you how shortsighted it is to oppose the moving
of cargo, oil, freight, or anything else by water. We manage twelve
thousand miles of inland waterways. These waterways include the
Great Lakes, rivers, and canals. We help move more than one-sixth
of our country’s intercity freight. The cost is less than ten percent
of what it would cost to move the same freight by trucks. You can
also imagine how much less fossil fuel is used and therefore how
much lower the CO2 emissions are. Roughly calculated, trucks put
out one thousand percent more CO2 to haul the same freight the
same distance as a barge. Trains put out roughly five hundred percent more CO2 than a barge, same freight, same distance. Water is
the environmentally friendly way to transport. And many of the
waterways were already God-given. People need to look at the big
picture. One way to help reduce our addiction to oil is to think more
water, not more highways.”
“General Walker, are there other aspects of the navigation system that involve the Corps?”
“Yes sir. We maintain some three hundred commercial harbors plus about six hundred smaller harbors. The harbors are both
waterways and are also used for recreational purposes as well as for our country’s defense. Most all big equipment going or coming from overseas passes through our ports, whether it is war material or manufacturing equipment. Billions of dollars of imports and exports go through these ports. The people of New Orleans know how important our ports are.” The general flashed a quick smile at the jury. His teeth were perfectly straight and glistened in contrast
to his handsome complexion.
Mack smiled too. He knew Walker was scoring points. Even
Tiashi seemed to be warming to the three-star general. His easy
delivery, confidence, and eight rows of military decorations didn’t
hurt with the women. Walker was perfect to help Mack paint not
only a bigger picture of the Corps but also a better picture.
2 “You mentioned the Corps was involved in recreational properties. What are some of the things you do in this area?” Mack asked.
“Well sir, we are the largest provider of outdoor recreational property in the country. We have some four hundred and sixtythree projects, typically lakes. Those projects include over twentyfive hundred recreational areas. We have rangers and staff to serve the public. Our mission there is to preserve the land and water areas and provide fun and safe recreation. We also work with many other federal agencies, including the National Water Safety Program. Some of our involvement with the states and local authorities includes over fifteen hundred sites we lease to them.”
“You mentioned over four thousand recreation areas. Is the Corps also in the real estate business?”
“Sir, I wouldn’t put it like that, but yes we work with various branches of the military and other federal agencies. We provide planning, appraisal, acquisition, and sales of property. We also have a contingency support team made up of real estate agents with some military training. We work for the Department of Defense in connection with military recruiting locations, homeowners’ assistance, and the Defense National Relocation program. So yes, I suppose it’s fair to say we are in the real estate business. And you know, Mr. Mack, the federal government owns over half the land west of the Mississippi. A lot of territory to cover.”
“And yet the government is still buying more land?”
“True enough. For example, taking people’s ranches and homes to add more wildlife refuges. I also understand my army wants a few million more acres in Colorado.”
“I have heard about some of your modeling laboratories where you simulate storm and tidal actions. Tell us about that.”
“As you are beginning to see, the scope of our activities is very broad. We also run seven research laboratories. You may be referring to our Waterways Experiment Station in Vicksburg, Mississippi. It’s actually four facilities in one. We have a geotechnical and structures lab, a coastal and hydraulics lab, an environmental lab, and information technology lab. We do research on rock and soil, water systems, earthquakes, weapons effects, and coastal engineering. It’s quite extensive and impressive.”
“What about electricity. Got any power plants?” Mack could not contain a churlish grin.
“Yes, sir. We are the country’s fifth largest electric supplier. We operate seventy-five power plants. Cong
ress told us to build hydroelectric plants eighty years ago. We now generate about a quarter of the nation’s hydroelectric power. We have become one of the best dam engineering firms in the world. We have the cleanest electrical generation available. We study, test, and develop standards for dams. Our duties also include inspection of our dams as well as those owned and built by the states.”
“Well, if you do electricity and dams, what about water?”
“Oh yes. Beginning in the 1850s, we built the water supply for the Capitol and northern Virginia. After 1958 Congress allowed local government entities to utilize our reservoirs. We now supply water to one hundred and fifteen cities.”
“Does the Corps have specific environmental projects it is working on?”
“Yes. Over the years Congress has added more and more environmental projects to the Civil Works Division. For example, in the Environmental Policy Act of 1969, it states that one of our primary missions in our water resource projects is environmental protection. We work with the National Park Service to restore the Florida everglades. We also manage or cooperate in small ecosystem restoration projects not only in Florida but right here in Louisiana. We have projects in other states too.”
“General Walker, let’s turn our attention a little closer to home and talk about Old Man River. When did the Corps get involved with the Mississippi?”
“Congress began our responsibilities for the Mississippi two centuries ago. We first worked to keep the Mississippi navigable. This means dredging if required and removing any impediments to commerce. As I mentioned, our waterways are the cheapest and most environmentally friendly way to transport goods throughout the states. We are charged with making sure the waterways work both for boat and barge traffic but also for recreational uses. Then we were told to add flood prevention along its long route through the Midwest all the way into the Gulf of Mexico. The 1929 Mississippi River and Tributaries Flood Control Act instruct us to provide flood protection not only for the Mississippi Valley but the entire country. But don’t be fooled by that statement.” Walker smiled warmly to the jury.
“Congress still must appropriate funds and authorize our projects. Usually, that is after we perform a feasibility study. First, a state or local agency suggests a project. Congress then authorizes us to do a study. Then it goes back to Congress for funding. Just because someone wants the Corps to build a levee or dredge a new canal, we don’t just rush out there and do it. Like anything that has to do with the government, it’s a multistep, bureaucratic process. And Congress doesn’t always do what we suggest or what the people want. It’s trial and error, money and politics.
“It’s important to realize that the Mississippi River is the main backbone of a network of inland navigable waterways. The system is about twelve thousand three hundred and fifty miles in length. It also ties in with the Gulf Intracoastal Waterway, which is another one thousand one hundred and seventy-three miles.
“Levees are primarily used for containing flood flows. Then there are floodways for the passage of excess flows. There were Major floods in 1882, 1912, 1913, and 1927. The flood of 1927 was the most disastrous in the history of the Lower Mississippi Valley, flooding about twenty-six thousand square miles. The known history of flooding goes back to 1543. The lower valley of the Mississippi River is a relatively flat plain of about thirty-five thousand square miles bordering the river. This entire area would flood but for our flood protection. The flood-prone area starts around Cape Girardeau, Missouri, and is roughly six hundred miles in length. It includes parts of seven states from Missouri, Illinois, Tennessee, Kentucky, Arkansas, to Mississippi, and Louisiana.”
“And controlling floods from the Mississippi has always been one of the prime functions of the Corps of Engineers, dating back over one hundred and fifty years?” Mack queried.
“Yes sir.”
“So let’s see. The Corps is charged by Congress with building and inspecting dams, providing freshwater, protecting the environment, recreational services and parks, generating electricity, research, flood control, navigation, real estate, some nine hundred harbors, and reclamation of wetlands. Did I miss anything?”
“Don’t forget toxic waste cleanup.”
“Is that all?”
“Not all, but a fair top-sheet summary. I might also mention that the Mississippi River projects are under an oversight committee called the Mississippi River Commission. The commission is made up of three officers from the Corps, three civilians, and one member from the US Coast and Geodetic Survey. The commission is charged with promoting navigation, preventing floods, promoting commerce, trade, and the postal service. Besides Congress, they are one of our bigger bosses, but at least we have a strong minority voice on the commission. Remember, we’re like every other federal agency. We are not some freelance engineering firm.”
Mack sensed the jury had a lot to digest and perhaps was getting a little restless. He used one of his tactical skills to try to keep the jury with him. “Your honor, may we approach the bench?”
Judge Martin motioned for counsel to come up to his bench. Mack asked for and got a slightly early lunch break. Not lost on O’Reilly was the fact he would have to cross-examine after lunch.
31 The Water Gets Deeper
A FTER LUNCH MACK RESUMED HIS line of questioning. “General Walker, just a few more questions. Are you familiar with Ms. Lewis’s memo to your namesake dated January tenth, 1999?”
“Yes sir. I reviewed the document before my testimony.” “Ms. Lewis suggested there was improper work done on a contract to add six feet to the top of the Orleans levee. Do you agree?”
“My reading suggests Major Lewis was a little dismayed by the politics of the levee construction. I share that dismay somewhat. Five different agencies were involved in the construction of that particular drainage levee. We relied on outside engineers selected by the levee board. We did some of the funding and had some oversight for engineering, but really this was a combination of several different local projects. It was sort of like an eighth-grade project. We were the teacher, but twenty different students did the engineering and the actual construction. I don’t mean to suggest it was eighth-grade work. Just that the coordination was like an eighthgrade project. Maybe I should say a senior-high project.”
The courtroom buzzed. General Walker had dropped a sound bite which was quickly picked up by the media. Several reporters scattered to the exits to file their stories for the evening papers and the six o’clock news. Two teachers on the jury snickered. Judge Martin gaveled for order. Mack’s team watched Julia and Tiashi. Tiashi smiled and obviously liked the fact that General Walker
KATRINA: THE JURY ANSWERS
called Lewis “major.” Julia frowned. Even O’Reilly grinned because he knew the jury was awake for his cross.
“In any event, Ms. Lewis’s memo had to do with the Orleans Canal, which did not fail, did it?”
“Correct. There may have been some overtopping, but there
were no breaches of that canal that I am aware of.”
“So her concerns must have been unfounded.”
“I can’t agree with that. One of the biggest problems with the
whole New Orleans system is the fact there are too many cooks.
Different jurisdictions used different engineering, different materials, and the levees were of different heights. A storm will attack
the weakest point of the structures. Major Lewis implicitly pointed
out a Major flaw for the whole southern Louisiana area, not just the
Orleans Canal.”
“General Walker, do you have an opinion as to whether the
Army Corps of Engineers was responsible for the breaches of the
levees in and around New Orleans and the resulting inundation of
that city?”
“Yes sir, I do.”
“Please state that opinion.”
“The Corps of Engineers was not legally responsible for any of
the lev
ee breaches or flooding that occurred. Let me explain. After
Hurricane Betsy, a new joint state, local and federal plan was implemented to prevent the disastrous flooding that occurred after that
hurricane. We generally contracted to build and design the levees
in association with the state or local authorities. Once construction
was complete, we turned the levees over to the local cooperating
sponsor. At that point the levees are owned and operated by the
local sponsor, such as the Orleans or East Jefferson Levee District.
They are then totally responsible. According to the law passed by
Congress, that local authority must operate, maintain, rehabilitate,
and repair, if necessary, all levees turned over to them. Most importantly, that local authority signs an agreement making them legally
responsible for any liability from that levee.”
“General Walker, are you telling us that Ms. Lewis and her envi
ronmental friends sued the wrong parties?”
Melinda could not hide her disbelief and disgust in Walker’s
testimony. She stared at Deerman, who simply shrugged off the
counterattack.
Walker rejoined, “Yes. We built the levees and turned them over
to the state and to the levee boards between 1977 and 1987. Once we
turned the construction over, Louisiana and its political subdivisions have one hundred percent of the liability and the sole responsibility. Actually, the state and local folks also had a hand in much of
the construction of the levees. But they have had the final responsibility for over twenty years in most instances.”
“Are you referring specifically to the Seventeenth Street levee,
the Orleans and the London Street Canals?”
“Yes. We built and maintain the Mississippi River levees, but
they held up fine in New Orleans. Only one of our levees breached,
