Flood Control and Storm Water Issues and the Law

Storm water and flooding comprise major and growing risks to cities, transportation systems, people, and the environment.

Flooding is the major cause of property damage in the U.S., and recent catastrophic hurricanes such as Harvey, Irma, Sandy and Katrina have raised losses to unprecedented levels. Storm water management requires the organization of public utilities and responses to rain tax politics, consent orders, and demands for green infrastructure. In response to increasing damages, liability, and climate change, a new legal environment has evolved from statutes and cases.

Recent high-profile cases go beyond torts to involve takings litigation under the Fifth Amendment to the Constitution. Changes are coming to the National Flood Insurance Program, which has required federal bailouts. Local government responsibilities must be financed by ratepayers, which causes rate shock in some cases. Homeowners are often in a quandary about their risks and losses. Learn how the increasing importance of storm water and flooding programs creates new responsibilities and opportunities. The legal aspects of storm water and flooding will be explained through doctrines, statutes, and cases. Major issues of floodplain mapping and programs, combined sewer overflows, and challenges of storm water utilities will be explained. A detailed explanation of the National Flood Insurance Program will be provided, including its payouts, revenues, and challenges. Recent court decisions will be reviewed, and you will be alerted to how stakeholders should respond to future issues.

Learning Objectives

• You will be able to describe flood emergency preparedness and response.
• You will be able to discuss recent court decisions of major floods including 2017 Harvey.
• You will be able to explain flood loss estimation.
• You will be able to review flood losses, storm water programs, and opportunities.