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Disasters & the Law

UC Berkeley School of Law

9 entriesexpand all

+Federal Emergency Management Agency (FEMA), How FEMA is Helping the Gulf Coast Rebuild (2007)

An interactive map of the FEMA rebuilding grants in the Gulf Coast summarized by state or parish/county.

+Fessler, Pam, Much Long-Term Katrina Recovery Aid Unspent Morning Edition, National Public Radio (NPR) (August 29. 2007)

"In the two years since Hurricane Katrina, the federal government has provided more than $114 billion in aid. But walk the streets of the Gulf Coast, and you might wonder where all that money has gone."

+Gordon-Murnane, Laura, Small Business Disaster Relief and SBA Loans (BNA's Web Watch) (May 2007)

The legal publisher BNA makes its Web Watch available for free. This posting includes links to federal government agencies and legislation, GAO reports, and a House committee report.

+Inniss, Lolita Buckner, A Domestic Right of Return? Race, Rights, and Residency in New Orleans in the Aftermath of Hurricane Katrina (provided by: SSRN) (Cleveland-Marshall Legal Studies Paper No. 07-143) (Boston College Third World Law Journal, Vol. 27, p. 1, 2007)

This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus and the general effect of the imposition of outsider status on poor, black people by dominant groups. Finally, the article explores the international law concept of the right of return and its expression as a domestic, internal norm via standards addressing internally displaced persons, and considers how such a domestic right of return might be applicable to the Katrina victims."

+Jadacki, Matt, Deputy Inspector General, Office of Disaster Assistance Oversight, United States Department of Homeland Security (DHS), Office of Inspector General, Congressional Inquiry Regarding Southwest Charter Lines, Inc. (OIG-07-47) (May 2007) (PDF — 180K)

"The allegation that Southwest Charter Lines Inc. intentionally over-billed FEMA is not substantiated. We concluded that the alleged over-billing was unintentional. However, during this review, there were issues of concern regarding internal controls and billing errors for items such as overtime and delivery charges, which were not allowed under the contract."

+Overby, A. Brooke, Mortgage Foreclosure in Post-Katrina New Orleans (provided by: SSRN) (Tulane Public Law Research Paper No. 07-04) (Boston College Law Review, Vol. 48, No. 4, 2007)

"Hurricane Katrina, the largest disaster in the history of the United States, caused widespread property destruction throughout the Gulf Coast, but particularly in the city of New Orleans. Although the storm created an environment which facilitated increased mortgage defaults in the area, the Article analyzes data from the Orleans Parish Recorder of Mortgages Office and from the Orleans Parish Civil District Court and concludes that foreclosure filing rates in the year after Katrina in fact decreased significantly from the rates for the corresponding period in the year prior to the storm. This result is contrary to what would normally be expected in a usual mortgage lending market, where an increase in the rate of mortgage default would lead to an increase in the rate of foreclosure.

"The Article evaluates in detail the legal and market responses to mortgage default after the storm that contributed to the reduction in foreclosure actions in Orleans Parish in the year after Katrina. Secondary mortgage market initiatives provided the principal means for mortgage relief, because Louisiana debtors received little in the way of formal legal relief. Even though secondary market responses were successful in protecting mortgage debtors after Katrina, their limitations in scope make them inadequate to address the years of financial distress that might likely follow any disaster of the magnitude of Katrina. Thus, while the Katrina experience demonstrates that secondary market interventions can effectively reduce debtor distress after a major disaster, such interventions should not been seen as a substitute for more traditional legal responses to address mortgage debtor distress after disasters or other economic crises." —Abstract.

+Pike, Jennifer, Research Director, Public Affairs Research Council of Louisiana, Spending Federal Disaster Aid: Spending Federal Disaster Aid in the Wake of Hurricanes Katrina and Rita (2007)

"The Public Affairs Research Council of Louisiana and the Nelson A. Rockefeller Institute of Government today released a report on federal funding in response to the 2005 hurricanes Katrina and Rita. Spending Federal Disaster Aid is an analysis of two major types of aid being used for reconstruction and economic recovery. This analysis of FEMA Public Assistance (PA) grants and Community Development Block Grants (CDBG) demonstrates many of the intergovernmental challenges and problems federal, state, and local officials face as they navigate through the stops and starts of the two-year-old recovery effort toward long-term stability for the region."—Press release (September 17, 2007)

+United States Department of Defense, Inspector General, Financial Management of Hurricane Katrina Relief Efforts at the U.S. Army Corps of Engineers (Report No. D-2007-081) (April 6, 2007)

"Results. USACE reporting of obligations related to Hurricane Katrina relief efforts was not always timely and efficient. Specifically, USACE did not make timely updates to the Corps of Engineers Financial Management System or perform timely closeouts of mission assignments. USACE also did not reconcile mission assignments and corresponding amendments with FEMA and did not track all funding from Congress. As a result, USACE increased the risk of not accurately reporting obligations and expenditures. (See the Finding section of the report for the detailed recommendations.)"—Executive Summary.

+United States Government Accountability Office (GAO), Hurricane Katrina: Allocation and Use of $2 Billion for Medicaid and Other Health Care Needs (Report to Congressional Committees, GAO-07-67) (February 2007) (PDF — 1.65M)

"In February 2006, the Deficit Reduction Act of 2005 (DRA) appropriated $2 billion for certain health care costs related to Hurricane Katrina through Medicaid and the State Children's Health Insurance Program (SCHIP). The Centers for Medicare & Medicaid Services (CMS) was charged with allocating the $2 billion in funding to states directly affected by the hurricane or that hosted evacuees.

"GAO performed this work under the Comptroller General's statutory authority to conduct evaluations on his own initiative. In this report, GAO examined: (1) how CMS allocated the DRA funds to states, (2) the extent to which states have used DRA funds, and (3) whether selected states—Alabama, Louisiana, Mississippi, and Texas—anticipate the need for additional funds after DRA funds are expended."—Why GAO Did this Study.