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Army Corps of Engineers press conference live blog

Saturday, Apr 30, 2011 - Posted by Rich Miller

* Highlights…

No final decision has been made to blow the fuseplug levee in Missouri. Explosive-laden barges are being moved to the levee and will arrive at 9:30 tonight, or so. They’re taking this one step at a time. After the barges arrive, they have three more steps to go (move barges into final place, charge the explosives, then explode them).

Cairo’s mayor has issued a mandatory evacuation by midnight tonight.

The water gauge is at 59.1 feet in Cairo. 59.5 is the record. But the general in charge of the operation says he’s not so much worried about the levee being overtopped as he is about seepage and, particularly, those nasty sandboils that are continually forming in Cairo. Another press conference has been scheduled for Sunday afternoon at 3 o’clock. Check back.

* General Walsh also spoke at Cairo today. Watch

* Presser live blog…

…Adding… How about yet another version?

Water’s gonna overflow
Swamp’s gonna rise
No boat’s gonna row

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*** UPDATED x1 - Explosives moved upriver *** Appeals court denies Missouri injunction motion

Saturday, Apr 30, 2011 - Posted by Rich Miller

* From the 8th Circuit Appellate Court..

Appellants’ motion for injunction pending appeal has been considered by the court, and the motion is denied.

* Wall Street Journal coverage

The U.S. Appeals Court in St. Louis on Saturday denied a request by Missouri’s attorney general for an injunction to prevent the U.S. Army Corps of Engineers from opening up an emergency floodway to ease near-record flooding on the Mississippi River.

On Friday, a U.S. district court had rejected the state’s motion for a temporary restraining order against the move, which would send a quarter of the Mississippi’s flow coursing over 130,000 acres of prime farmland and homes of some 200 people.

Major Gen. Michael Walsh, president of the Mississippi River Commission and a top officer with the Corps, has said he can’t be sure whether he will activate the floodway to reduce pressure on levees and protect surrounding towns amid expected record flooding at the confluence of the Mississippi and Ohio rivers. Earlier this week, he ordered the Corps to bring barges with explosives and other materials to the area from Memphis, Tenn. […]

Saturday morning, the Ohio River was within inches of the 59.5-foot record set in the 1937 flood at Cairo, Ill. The river is expected to crest on May 3 at one foot over the record and stay there for several days, according to the National Weather Service. That would strain levees in places such as Cairo and Hickman, Ky.

* From a reader…

Rich,

Some info to help the folks in Cairo:

The current stage in Cairo is 59 ft on the Ohio River. That is equivalent to an elevation of appx. 330 ft. The forecast crest is equivalent to an elevation of appx. 331.5 ft. Most of Cairo has an elevation of between 310 and 315 feet.

Bottom line if the levee were to fail: Cairo would be under 15 to 20 feet of water. (That would be over the second story on most buildings.)

Please pass this on to anyone who might be able to use it. They may feel free to contact me. (I formerly worked for the Illinois State Geological Survey and lived in the area. I worked in Alexander County during the 1993 flood.)

Thanks for all the info on the Missouri floodway; you saved me a lot of search time.

Mike Phillips
Geology Professor, IVCC
mike_phillips@ivcc.edu

*** UPDATE - 1:10 pm *** We’ll know more later this afternoon

Maj. Gen. Michael Walsh has given the order to move barges carrying 265 tons of explosives upriver in Kentucky from Hickman to Wickliffe, putting them in position to blow the Birds Point levee in Mississippi County, Mo. But corps officials said the general has yet to decide whether he will blow the levee and will re-evaluate the situation Sunday.

“We are moving the barges to Wickliffe, Ky., and they are going to hold there,” spokesman Jim Pogue said. “We’re essentially at 24 hours out of operating the floodway, but essentially in a holding plan.”

Walsh, a top commander at the Corps, has decided to move to the next step in the process, but Pogue said it was not indicative of whether Walsh was leaning toward fully activating the plan, which would divert floodwaters through approximately 130,000 acres of spillway mostly in Mississippi County.

Walsh is expected to address the media at 4 p.m. today at the Corps’ joint operations center in Sikeston. Pogue said he will give an update and field questions from reporters.

…Adding… Aerial video of Cario-area flooding

 

* Related…

* Response of State of Illinois to Missouri’s motion for injunction pending appeal

* Arlan Juhl Affidavit 1

* Arlan Juhl Affidavit 2

* Battling Nature on the River - The past week’s raging waters along the Mississippi are hardly unprecedented. The great flood of 1927 was far worse—and we still haven’t applied its lessons.

* And another version

You’re gonna have to find yourself
Another best friend somehow

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Reader comments closed for the weekend

Friday, Apr 29, 2011 - Posted by Rich Miller

* I’ll post flood/levee/court updates as warranted. In the meantime, here’s an e-mail from a reader…

Dear Mr. Miller,

Thank you for posting so much information about Cairo. I’m in Cairo still. I own a home here. The most frustrating part of this ordeal is the lack of information coming from our city leaders. If not for my 21-year-old daughter hearing info from friends, we’d know nothing.

This morning I spoke with George Bell, the owner of Bell Monument in Cairo, and he said that is the most frustrating thing for him, too. He has records dating back 70 years in his office & he doesn’t know how high we are supposed to move everything. Same with me. I spent the past few days moving everything I could, from my basement & garage. Then stacked everything on tables & beds on the first floor. Sadly, a St. Louis news station interviewed someone who said if the Cairo levee fails the entire town will be under 15-20 feet of water. If that’s true, I’ve been wasting my time. Or, do I need to move valuables to my second floor? I don’t know.

George & I wish the city would hold a town hall meeting at City Hall to inform those of us still here. George contacted Marty, in charge of emergency services… but nothing is planned.

I rented a motel in Sikeston, Missouri for 5 days for my kids, but I’m a single mom & want to try to save what we have. That’s why I’m still here. My sons are on their way from Peoria to help with sandbagging.

I got off topic:) I’m writing to say thank you for covering Cairo & not doing what most news stations are: portraying Cairo as poor & black. We are more than that, but even if it was true… it still should be saved.

If you have pull with the Corps of Engineers, please tell them to blast the Birds Point levee ASAP!:D

Our homes are important. They are filled with memories & it’s where our children return for holidays and when they need to be with family.

My advice to her was to get the heck outta there. Whatever happens, best of luck to her, all of Cairo and all of southern Illinois as everybody deals with this devastating flood.

* Stay safe, stay dry. And whatever you do, don’t crash on the levee

It’s gonna be the meanest flood
That anybody’s seen

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*** UPDATED x9 - Missouri to appeal - Sand boils - DNR praised - Regional IEMA problems - Simon & Durbin headed to Cairo - Photos - The Corps’ dire warning - IRMA sending “truckloads” of supplies to region - VIDEO: Durbin warns about MO appeal - VIDEO: Phelps to MO: Back off - IEMA responds *** Judge rules against Missouri

Friday, Apr 29, 2011 - Posted by Rich Miller

* Federal Judge Stephen Limbaugh has ruled that the Army Corps of Engineers can blow the Misssouri fuseplug levee and relieve flooding pressure on Cairo

Limbaugh wrote that he found that the Corps is committed to implementing the plan only as essential to provide protection to all citizens. He wrote “this Court finds that no aspect of the Corps’ response to these historic floods suggests arbitrary or capricious decision-making is occurring.”

The Corps plans to decide this weekend whether to blow up the Birds Point levee, depending on the level of the water on the river. It will detonate explosives in the levee if the Cairo river reaches 61 feet. At 8 a.m. CDT (1300 GMT) on Friday, it was at 59 feet and forecast to rise to 60.5 feet, according to the National Weather Service.

Attorney General Lisa Madigan’s office just told me they are prepared in case Missouri decides to appeal Judge Limbaugh’s ruling.

While good news, the situation is really precarious all over that region. I’ll have more in a while.

*** UPDATE 1 - 12:30 pm *** The morons are appealing

NOTICE OF APPEAL

Notice is hereby given that Plaintiffs State of Missouri ex rel. Chris Koster, the Missouri Department of Natural Resources, and the Missouri State Emergency Management Agency, appeal to the United States Court of Appeals for the Eighth Circuit from the judgment entered in this action denying a temporary restraining order and preliminary injunction on the 29th day of April, 2011.

From the Illinois AG’s office…

We will be ready to respond very quickly to oppose Missouri’s attempt to overturn the District Court’s decision.

From Gov. Pat Quinn’s office…

“My hope is that this decision will be upheld as it proceeds through the judicial process.”

*** UPDATE 2 - 12:36 pm *** I’m hearing reports of sand boils in several locations starting late last night. A huge one was in Cairo. These are not good things. Wikipedia

Sand boils or Sand Volcanoes occur when water under pressure wells up through a bed of sand. The water looks like it is “boiling” up from the bed of sand, hence the name.

Sand boils can be a mechanism contributing to levee failure during floods. This effect is caused by a difference in pressure on two sides of a levee or dike, most likely during a flood. This process can result in piping, whereby the removal of soil particles results in a pipe through the embankment. The creation of the pipe will quickly pick up pace and will eventually result in failure of the embankment.

A sand boil is difficult to stop. The most effective method is by creating a body of water above the boil to create enough pressure to slow the flow of water. A slower flow will not be able to move soil particles. The body of water is often created with sandbags forming a ring around the boil.

*** UPDATE 3 - 12:39 pm*** I’m told by several people on the ground that the Department of Natural Resources is doing an outstanding job. “DNR has saved a lot of towns down here,” said one area pol, who added that DNR’s crews are working their tails off.

The Department of Corrections is being praised for sending out their inmate crews. The State Police are also being praised.

There’s a real problem, however, with the regional director of the Illinois Emergency Management Agency. The regional guy is from Chicago and I’m told by three different people down there that he can’t even pronounce many of the town names in his area, much less know where they are or what to do. Also, IEMA pulled out of Olive Branch last night in order to head to higher ground. DNR stayed put and fought.

*** UPDATE 4 - 12:45 pm*** Lt. Gov. Sheila Simon is heading to Cairo with Sen. Dick Durbin as I write this. From a press release…

Lt. Governor Sheila Simon will join with U.S. Senator Dick Durbin in Cairo today to tour the most vulnerable areas of the town. After a brief driving tour, they will arrive at the intersection of 15th Street and Cedar Street, where they will take a walking tour and meet with local officials. A media availability will then be held at 12th Street and Commercial Avenue. Following the media availability, Lt. Governor Simon will join with Alexander County Sheriff Timothy Brown to help sandbag along the river.

*** UPDATE 5 - 1:05 pm*** I’m getting some photos taken from Sen. Durbin’s helicopter. I’ll be posting them over the next several minutes. Here is Grand Tower

* 8 miles north of Cape Girardeau, MO

* Union County, IL

* Route 3 in Alexander County, IL

* More Alexander County…

* Ohio River…

* And here come the Cairo photos

* This is right next to Cairo…

* Interstate 57 right outside Cairo…

* 1:37 pm - They just landed, so ground-level pics will be coming soon, I hope.

* Here are a couple of Cairo sinkholes…

* A sinkhole closeup…

* Another angle…

* I’m told there are between 6 and 7 of these sandboils downtown.

*** UPDATE 6 - 2:05 pm*** Jim Pogue, spokesman for the Memphis District of the U.S. Army Corps of Engineers was on AgriTalk today and had some dire things to say about the levee system. Listen…

“We don’t want things to happen in an uncontrolled fashion,” Pogue said. “If we had an uncontrolled levee failure, potentially much worse damage could occur.”

If a particular levee north of the Missouri floodway were to breach, the river could flow over “literally millions of acres.” Several communities are in that area. A large section of the boot heel of Missouri and northeastern Arkansas could flood as well, he warned.

*** UPDATE 7 - 2:40 pm *** I had heard earlier today that the Illinois Retail Merchants Association had really stepped forward to help with the flood-fighting efforts, so I called Dave Vite, who runs IRMA.

Vite said his member retailers have sent “truckloads” of supplies to the region in the past three days. Kroger and WalMart have supplied bottled water, for instance. Sears and Home Depot have sent other supplies, like gloves, life vests and lots more. “They ask, we try to find something to fill a need,” Vite said.

Vite said he wasn’t one to brag about his association all that much, but did say “When the chips are down our industry always steps up and comes up with the things that people really need.”

*** UPDATE 8 - 2:45 pm *** This is a cellphone video, so the quality isn’t very good, but here is Sen. Durbin talking to the media about Missouri’s decision to appeal Judge Limbaugh’s ruling. “If this is going to turn out to be a battle of the lawyers on both sides of the river, a lot of innocent people could be harmed,” Durbin said. Watch

*** UPDATE 9 - 2:50 pm *** Here’s another video of Lt. Gov. Sheila Simon, Sen. Gary Forby and Rep. Brandon Phelps. Rep. Phelps said he hoped Missouri would “back off” the appeal and said “every hour is critical.” Watch

*** UPDATE 10 - 3:18 pm *** IEMA responds…

Rich – I saw the item on the blog regarding IEMA’s response to the flooding in Alexander County. I wanted to let you know what the actual situation is down there.

There are actually 10 emergency management personnel on the ground in Alexander County (two IEMA personnel and eight personnel from local emergency management agencies outside the affected region working with us on the response). They continue to work closely with the other state agencies on the scene, local emergency management and local officials, the Army Corps of Engineers and the American Red Cross on response efforts. The only thing that was relocated was our mobile command vehicle, which was moved to higher ground early this morning because the water was rising and the equipment could be threatened. That equipment is still being used for the response in Alexander County.

* This Cairo levee photo was taken two days ago

From the photog…

Facing south from the top of the levee at 8th Street. Ohio River is almost to the top. Top=64 feet… so about 58 feet.

  43 Comments      


No Cairo visit by Quinn

Friday, Apr 29, 2011 - Posted by Rich Miller

* Imagine, if it’s at all possible, that you’re a poor, black resident of Cairo, Illinois. The floodwaters are almost to the top of your local levee. The attorney general in the next state over is suing to prevent the federal government from blowing a key fuseplug levee to keep your town from drowning. And the federal judge presiding over the decision to save your home is Rush Limbaugh’s cousin.

Not exactly optimum.

I figure I’d be feeling more than a little scared, helpless and forelorn right now if I lived in Cairo. I’d also probably want a little encouragement from the state’s top dog while forces beyond my control were conspiring against me.

But Gov. Pat Quinn didn’t visit Cairo yesterday. He flew over the town in his helicopter. His staff says there was no place to land. Sen. Dick Durbin is reportedly choppering into Cairo today, but Quinn’s people says he won’t be going. He went to southern Illinois yesterday, they said. The governor has no scheduled events on today’s public schedule.

Quinn appeared in Marion, a few minutes from the town’s airport, to discuss the flooding yesterday. During his appearance, he was asked what towns he intended to visit. Quinn compared himself to General George Marshall, who was Army Chief of Staff during World War ll. Watch

Marshall was not a front line guy. True. But he was chief of staff. Quinn has a chief of staff and agency directors to handle the micromanagement. In my opinion, he ought to be out there showing some support for his constituents.

Yours?

* Meanwhile, here’s the best report I could find about what happened in Judge Limbaugh’s court last night

Judge Stephen Limbaugh took the motion under advisement just after 7 p.m. Thursday, and Koster says the judge has a tough call to make.

“It’s a hard set of facts and there are a lot of interests that have to be weighed on both sides of the state line and throughout the federal justice system, said Koster. I think the judge took in the information. I think he’s got a very difficult decision that he has to make overnight.”

For its part, Corps lawyers countered they have “unreviewable discretion” when it comes to implementing the floodway plan that “could” result in the blasting of that levee.

They also stressed the blasting option does not come into play unless and until the river overtops the levee at its lowest points, or 60.5 feet.

Federal Judge Stephen Limbaugh told the court he’s not sure if he even has the authority to rule on the motion under current case law.

We could get a ruling today.

  37 Comments      


*** UPDATED x6 - Bradley: Vaccines needed now - Kentucky intervenes with Illinois - Rep. Bradley: Sue Missouri - Quinn talks about Missouri suit - Tilley apology video - Tilley apologizes *** Missouri House Speaker to Cairo: Drop dead

Thursday, Apr 28, 2011 - Posted by Rich Miller

* Missouri’s House Speaker Steve Tilley was asked this week whether he’d rather see Missouri farmland flooded or see Cairo under water. As you already know by now, the Army Corps of Engineers is planning to blow up a “fuseplug” levee in Missouri to relieve flooding pressure on Cairo.

“Cairo,” Tilley replied without hesitation as reporters laughed. “I’ve been there. Trust me. Cairo.”

“Have you been to Cairo?” Tilley asked a reporter, who said he had. “OK, then you know what I’m saying then.”

Watch

Cairo is mostly poor and black. Apparently, there are a few nice (white owned) homes in that federal floodway zone. I’ve tried to give Missouri the benefit of the doubt here, but Speaker Tilley pretty much showed what this is all about.

* State Sen. Gary Forby is not amused. From a press release…

“During a time when people are being asked to evacuate their homes and leave behind their belongings, it absolutely blows my mind that that type of dialogue is being thrown around by the Missouri Speaker. Not only is it in poor taste, but it absolutely disgusting that Speaker Tilley would joke about putting the lives of Cairo residents at risk by choosing farmland over a community.”

*** UPDATE 1 *** Tilley has apologized. From an e-mailed press release…

In a recent interview I was asked about a proposal that would blow-up a dam in Missouri and impact on Mississippi County and Cairo Illinois. As the Speaker of the Missouri House I came to the defense of Missouri, but in doing so I said some inappropriate and hurtful comments about the community of Cairo. I first want to apologize for my insensitive remark and personally apologize to anyone that I offended.

My commitment to the residents and farmers of southeast Missouri should not have led me to insult another community and for that I am sincerely regretful.

That’s actually a pretty decent apology for a politician.

…Adding… Maybe the reporters who laughed so hard at Tilley’s jokes should apologize themselves. Sheesh, what a mess.

*** UPDATE 2 *** Apology video

*** UPDATE 3 *** My former intern Barton Lorimor went to Gov. Quinn’s press conference in southern Illinois today. Here is the Q&A from that event, including the governor speaking about Missouri’s lawsuit to try and stop the Corps of Engineers from blowing the fuseplug levee. Watch

*** UPDATE 4 *** Rep. John Bradley told reporters today “We need to consider suing Missouri for putting Illinois lives at stake.” Watch

*** UPDATE 5 *** The hearing on Missouri’s lawsuit to stop the levee being blown is still ongoing as of 3:40 this afternoon. However, we do have some new news. Kentucky has filed a motion to intervene in the case. Kentucky is standing with Illinois and against Missouri. From the motion

Moreover, residents of and property in Hickman, Kentucky and Fulton County, Kentucky, (which sits on the eastern bank of the Mississippi River) will be at substantial risk of harm if the Corps’ Operations Plan is not implemented.

*** UPDATE 6 *** I just got off the phone with Rep. John Bradley. I asked him if anything was lacking so far in the state’s response. He said tons of people from all walks of life are helping sandbag throughout southern Illinois and they’re often working in septic water. Injuries happen, he said, so the state needs to quickly make sure these volunteers get tetanus shots.

Rep. Bradley, by the way, said that the Big Muddy river rose four feet overnight and he’s heading home as quickly as he can. At the end of the conversation, however, he said the road was closed because of the flooding and wasn’t sure he would make it. Best of luck to him - and to everybody down there.

[ *** End Of Updates *** ]

* Also, in case you missed the update below, here are Attorney General Lisa Madigan’s court filings from today.

* AG Madigan press release

* Madigan’s response to motion for restraining order and injunction

* Memorandum in support of motion to intervene with affidavits

You can also find a good history of this floodway by clicking here.

…Adding… Just in case you’d like to contact Speaker Tilley and politely express your opinion…

Phone: 573-751-1488
E-Mail: Steven.Tilley@house.mo.gov

…Adding more… Gov. Pat Quinn calls up more National Guard troops…

Governor Pat Quinn today activated an additional 200 Illinois National Guard troops, bringing the total to more than 320 Guard personnel engaged in the state’s efforts to protect citizens and critical facilities from rapidly-rising flood waters. Governor Quinn also commended private companies for donating needed supplies to the flood response.

The Governor made the announcements after he and Lt. Governor Sheila Simon attended a situational briefing at the state’s Unified Area Command in Marion.

“We’re dealing with very serious flooding throughout southern Illinois,” said Governor Quinn. “I’ve committed all available state resources to help protect threatened communities and will continue to provide personnel and other assets until the threat has passed.”

The additional 200 Illinois Guardsmen from southern Illinois National Guard companies will perform route reconnaissance, levee surveillance and maintenance and evacuation support in Gallatin and Alexander counties. More than 120 troops were deployed earlier this week to support the flood effort.

  83 Comments      


State owes businesses $850M in tax refunds

Thursday, Apr 28, 2011 - Posted by Rich Miller

* There’s more to making Illinois business friendly than handing out tax subsidies or even reforming things like the workers’ compensation system. For instance

Thousands of Illinois businesses are waiting for the state to pay long-overdue tax refunds, and there’s no sign the wait will end anytime soon.

The state owes money to roughly 36,000 businesses that overpaid their income taxes, going back to 2008. The backlog totals about $850 million, Comptroller Judy Baar Topinka said Wednesday. […]

At Peters Machine Inc. in Decatur, President Jerry Nelson said he continues to wait for about $15,000 dating to the 2008 tax year.

“I’ve tried to get answers, but no one seems to be in a position to let me know what’s going to happen,” Nelson told Lee Enterprises newspapers.

Getting businesses the money they’re legally owed can only help the economy as a whole. Whether they get this done by borrowing or cuts or whatever, the General Assembly and the governor shouldn’t stop until they figure out how to pay what we owe.

* Meanwhile, Greg Baise of the Illinois Manufacturers’ Association says Gov. Pat Quinn needs to be much more involved with passing workers’ comp reform

The key is Gov. Pat Quinn, who has been somewhat involved but needs to step it up if a deal is to be reached, Mr. Baise continued.

Mr. Baise conceded that some business leaders are insisting on a stronger deal than he might agree to. But they, too, listen to Caterpillar, he said, referring to the stir the Peoria-based manufacturer raised a few weeks ago when it seemed to suggest it would move out of Illinois unless the state improved its business climate.

As a matter of practical politics, a bill needs to pass in the next couple of weeks, before the Legislature turns to the volatile subjects of remap and the budget, Mr. Baise said.

“If the governor moves forward at all on causation, we can say Illinois is changing its pattern,” he said. Given Caterpillar, the weak economy and other pressures to act, “If we can’t get this one done now, I don’t see how we ever get it done.”

* Back to the budget

Illinois’ recent income tax increase cannot be temporary, as is currently written in the law, if the state wants to avoid deep cuts to social services, according to one budget expert.

“I think it’s disingenuous for [lawmakers] to have claimed that this is a four-year tax increase that is set to expire. They did the right thing by raising revenue. They did the wrong thing by making it temporary,” said Ralph Martire, director of the Center for Tax and Budget Accountability, a think tank focused on budget policy. “I think one of the most disingenuous pieces of public policy that has been perpetuated on voters and taxpayers for decades now is that they can have public services and never have to pay for them. At some point, you need adequate sustainable revenue raised in a responsible way.”

The governor has said that he wants to ensure the tax hike is temporary, and you won’t find many others who think it should be made permanent. The problem is that nobody in power is willing to do what it takes to make this happen. We’re in for another big budget crisis down the line if incredibly tough decisions aren’t made now.

* Video of Martire’s comments

[Thanks to BlueRoomStream.com for the video.]

* Budget and business roundup…

* Cross says state budget plan could be ready in two or three weeks: So far, Republicans say the two parties have worked surprisingly well together, and Cross says he trusts House Speaker Michael Madigan’s word to hold spending under an agreed-to amount.

* Topinka: State will be $8 billion in hole: Democratic Gov. Pat Quinn’s administration agreed with Topinka’s calculation. Quinn’s budget office issued a statement, saying Illinois continues to face “serious fiscal challenges due to many years of budget mismanagement.” But the administration firmly stated that borrowing money at low-interest rates to help pay down a mounting backlog of overdue bills is “paramount to stabilizing the budget.”

* VIDEO: Comptroller Topinka on unpaid bills

* Judge blocks Quinn from slashing regional superintendents’ pay

* The “Backdoor Political Game” Of The Illinois Health Coverage Exchange

* Illinois debt impacts Rockford area social service agencies

* IDS Drug Assistance Program cuts draw fire: Agreeing with advocates’ criticism of cuts in the state’s AIDS Drug Assistance Program announced by the Illinois Department of Public Health, an influential state lawmaker said April 22 she’ll find “excesses” in other parts of the IDPH budget to reverse the cuts.

* Insurance switch could cost Illinois, opponent says

* Tiny, localized state agency could be dissolved

* Statehouse beer battle threatens new Springfield brewery

* Legislators look at local governments

* Durbin calls for national standard for online sales tax collection

* Online sales tax could go national

* Exelon CEO Rowe to exit after Constellation deal closes

* Allstate sees Q1 profit triple

* Oprah closing up her store after show ends

* 588-2300: Elmer Lynn Hauldren, Empire Carpet Man, Dead At 89

* Ordinance to ease up on shared kitchens operators

* Consolidations Final Act of Daley’s School Board

* Emanuel team retreats on comments about property taxes for nonprofits

* Evanston Considers Plastic Bag Tax

* District 87 considers how state core changes will affect local classrooms

  16 Comments      


*** UPDATED x1 *** AG Madigan preparing to intervene today in Cairo flood fight

Thursday, Apr 28, 2011 - Posted by Rich Miller

*** UPDATE *** OK, here are the documents I promised you earlier…

* AG Madigan press release

* Madigan’s response to motion for restraining order and injunction

* Memorandum in support of motion to intervene with affidavits

You can also find a good history of this floodway by clicking here.

[ *** End Of Update *** ]

* I received this e-mail from the attorney general’s office late yesterday afternoon and was out of the office and didn’t see it until last night. Madigan will intervene today in a lawsuit brought by the Missouri attorney general to stop the Army Corps of Engineers from blowing a Missouri “fuse plug” levee and flooding some farmland in that state in order to save the town of Cairo. The levee was specifically designed to be blown in case other areas needed to be saved…

Hey Rich, here’s the latest:

We will seek tomorrow to intervene in the Missouri governor’s lawsuit to ensure that the people of Illinois are represented in court. Attorney General Madigan intends to do anything she can to defeat Missouri’s motion so as to allow the Army Corps to do whatever possible to protect the people in Illinois who’re in the path of this potential disaster.

I followed up last night and asked for more details…

We’re intervening in the suit on the side of the Army Corps, asking the court not to stop the Army Corps from proceeding with its plans to deal with the rising water and arguing that:

(1) The relief that Missouri wants, if granted, threatens to injure Illinois residents and property.

(2) We will provide detailed information on the extent of the threat to Illinois residents so that the court hears directly from us and has the information to consider.

(3) And, more specifically, we’re arguing that any delay in the Army Corps implementing its operations plan to alleviate flooding conditions will immediately put the health and safety of the nearly 3000 residents of Cairo at serious risk.

I’ll post Madigan’s filing as soon as I receive it, which will be mid-morning or so.

* State Rep. Brandon Phelps represents Cairo and issued a press release yesterday…

“What is most important here is the issue of farmland versus lives, and I find it very troubling that the Missouri governor believes Missouri farmland is more valuable than the lives of Illinois residents. The farmland in question is also designated by the United States federal government for exactly this purpose, and it is up to them to make the decision, not the governor of Missouri.”

He also held a press conference

Rush Limbaugh’s cousin, US District Court judge Steve Limbaugh will preside over today’s hearing, which is scheduled for 1:30. Rep. Phelps joked that if he was a betting man he’d wager that Limbaugh probably won’t rule in Illinois’ favor.

* Gov. Pat Quinn will be in Marion today at 12:30 to discuss the situation. It’s a certainty that he’ll be asked about the Missouri lawsuit, so I’ll post audio or video as soon as I get it.

* This comment from a Missouri state Representative doesn’t make a whole lot of sense

Missouri State Rep. Steve Hodges, D-East Prairie, who represents farmers in the flood plain… said there may be just a few farms there, but those farms would be wiped out.

“People down there can’t get flood insurance because they’re in the flood plain,” he said. “They don’t allow people to build new homes down there; you can put up farm equipment but you can’t build inside the spillway. If the explosion takes place, they’re going to lose expensive homes that they’re going to have to bite the bullet (on) … It would be catastrophic.”

So, they built houses even though they weren’t supposed to, and even though it’s impossible to get flood insurance because those structures are within a legally designated federal flood-control spillway - and now they complain? The area is officially known as the “Birds Point-New Madrid Floodway.” What part of that was so difficult to understand? As mentioned above, the levee was specifically designed to be blown up

The plan required modification to the frontline levee which includes raising 12,500 feet of the upper fuseplug and 7,500 feet of the lower fuseplug and installing horizontal polyethylene pipe in three crevasse locations. These crevasse locations are designated as Inflow, Inflow/Outflow No. 1 and Inflow/Outflow No. 2. In addition to the modifications to the frontline levee, all materials, including the blasting agent which will be pumped into the pipes in the levee, and equipment necessary to place the floodway into operation have been acquired by the Memphis District.

* Missouri’s congressional delegation has also weighed in

But the corps has encountered a tidal wave of opposition from Missouri lawmakers — including U.S. Sens. Roy Blunt, a Republican, and Claire McCaskill, a Democrat — who joined U.S. Rep. JoAnn Emerson, R-Cape Girardeau, in urging President Barack Obama to direct the corps to consider alternatives to the levee-busting plan.

* Illinois’ delegation has been more muted

While Missouri lawmakers were up in arms about a possible Birds Point detonation, their llinois counterparts were more circumspect — saying that they would rely on the expertise and judgment of corps officials in making the call.

“I am in regular contact with Corps of Engineers officials as they assess all pertinent information regarding the best course of action to deal with flood conditions in Cairo,” said U.S. Rep. Jerry Costello, D-Belleville, whose congressional district extends to Cairo. […]

“My thoughts are with all affected families and individuals, particularly those in Cairo, Brookport and Grand Tower who are being asked to evacuate their homes,” said [US Sen. Dick Durbin] in a statement. “I will continue to work closely with federal, state and local officials to ensure that every resource is made available to communities along the Ohio, Illinois and Mississippi Rivers and other affected areas.” […]

Sen. Mark Kirk, R-Ill, said he wanted to make sure that flooded communities get the help they need. “My staff and I are following the flood situation closely and will continue to work with other state and federal agencies to ensure affected communities get the support and relief they need throughout this rainy season,” Kirk said in a statement to the Beacon.

* You have to read way down to get to it, but the Tribune finally came to its point near the end of today’s editorial

We hope any judge who hears Missouri’s case pays far more attention to engineers than to lawyers or politicians. Any decision on whether to breach the levee or leave it intact will invite the possibility of widespread suffering, either in Illinois or in Missouri.

* A mandatory evacuation has been ordered for the potentially flooded area in Missouri.

* More impact

Farther south, the mayor of Metropolis said flooding along the Ohio had forced a dozen families to move to a church shelter and closed down a casino that employs 600 people. With Harrah’s Casino closed since Monday, city revenue would be affected, Mayor Billy McDaniel said.

* And reports yesterday morning that the Army Corps of Engineers would wait until the weekend to decide what to do aren’t complete accurate, according to this story

Reached at noon on Wednesday, Jim Pogue, the Corps’ Public Affairs Specialist for the Memphis District, said the wait-until-the-weekend claim “is not really correct. Let me tell you where we are.

“The equipment barges are headed north.

“The next decision point will take place this afternoon. That decision point is: do we continue to wait and watch or do we go ahead and prepare the levee for possible detonation? It will be this afternoon before any more decisions are made.

“Right now, we’re moving forward prudently and cautiously and making sure we’re in the right place on this fluid timeline. (That way) if we have to take the next steps, we’re ready to do it.”

When will the barges (which contain equipment and explosives that will be needed if the levee is blown) reach the target area?

“They’ll be pushing up to this general area. The intention is to pre-position in the area and wait – that should be sometime tonight.”

* It’s looking likely that the levee is gonna be blown

As of Wednesday afternoon, it was becoming increasingly likely the corps would have to “operate the plan,” another way of saying detonating explosives at the fuse plugs of the system to relieve the swollen river

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