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<br />. <br /> <br />6 <br /> <br />Tbe court found that the Agency had conaidered all relevant factors and had . <br />acted reasonably and decided that it would be an unwarranted intrusion to <br />interfere. <br /> <br />LIABILITY <br /> <br />The potential. liability of locsl communities and developers resulting from <br />flooding has been discussed elsewhere. It should be understood that the <br />Federal Government is fully prepared to enforce its legal rights vis-a-vis <br />any entity that acts so as to cause or aggravate FEMA's flood insurance <br />risk. FEMA has filed a number of suits to collect monies paid out to in- <br />sureds who have been damaged by the actions of local communities, States, <br />or other property owners. Tbe most notable of these was filed in May 1981 <br />against two Louisiana communities, numerous developers and levee districts <br />to collect $93 million in damages and requesting the court to direct the <br />communities and levee districts to revise their floodplain management <br />practices. <br /> <br />In this suit, the United States bases its claim on a number of ~rounds: <br /> <br />1. the negligent planning and design of drainage systems; <br /> <br />2. the failure to correct known defects in the drainage system; <br /> <br />3. <br /> <br />the appproval of new development where it was known that <br />drainage was already inadequate; <br /> <br />. <br /> <br />4. <br /> <br />the breach of floodplain management requirements - mandated <br />Federal statute and regulation. by Parish ordinances and by <br />contract between the Federal Government and the Parishes; <br /> <br />by <br /> <br />5. the negligent construction of subdivisions and developments; <br /> <br />6. the alteration of drainage systems which decreased their <br />effectiveness; <br /> <br />7. the failure to inspect and maintain the drainage system; and <br /> <br />8. misrepresentation to the Federal Government regarding the <br />adequacy of the levees so the Government would lower its base <br />flood elevations. <br /> <br />Included in the relief requested are: <br /> <br />1. the establishment of a sound storm water management plan; <br /> <br />2. the establishment of a sound system of drainage including <br />pucping stations, levees, drainage equipment, ditches, and <br />the conducting of regular inspection of same; <br /> <br />. <br />