Flood Control and Storm Water Issues and the Law

Learn how the increasing importance of stormwater and flooding programs creates new responsibilities and opportunities.

The major and growing risks of stormwater and flooding to cities, transportation systems, people, and the environment are leading to difficult decisions by public agencies. Flooding is the major cause of property damage in the U.S., and recent catastrophic events like atmospheric rivers and hurricanes Harvey, Irma, Sandy and Katrina have raised losses to unprecedented levels. Stormwater 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 stormwater and flooding programs creates new responsibilities and opportunities. The legal aspects of stormwater and flooding will be explained through doctrines, statutes, and cases. Major issues of floodplain mapping and programs, combined sewer overflows, and challenges of stormwater 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.

Faculty

Neil S. Grigg

Colorado State University