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* UPDATED 1x - * No ruling or time set for further proceedings set in levee case

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Posted by Barton Lorimor

8:15 p.m. - Our contact at the AG’s office has this to say…

Proceedings have ended. The court heard closing arguments from all counsel, and asked questions as he saw fit.

The court took the matter under advisement, and did not indicate a set time for ruling, but there are no further in-court proceedings set at this time.

An earlier update suggested the office expected a ruling, which was apparently not the best phrasing choice on my part. I guess Cairo will have to wait in a holding pattern for now and hope waters do not rise overnight.

6:32 p.m. - Attorney General Lisa Madigan’s office says US District Court judge Steve Limbaugh intends to make a ruling in the case presented before the Court regarding whether the U.S. Army Corps of Engineers may proceed with demolishing part of a levee to relieve flood waters in southern Illinois.

From the email…

The court heard from 9 witnesses: MO put on 4; the DOJ put on 4 from ACOE; and our IDNR witness.

We’ll keep you posted as soon as new developments make their way out of the Cape Girardeau courtroom.

posted by Rich Miller
Thursday, Apr 28, 11 @ 6:36 pm

Comments

They’re working late in Cape Girardeau.

Comment by wordslinger Thursday, Apr 28, 11 @ 8:03 pm
With what has happened elsewhere in the country this week, it is deplorable that Missouri leaders would continue this fight to put a community at risk. You can farm next year. You’ll be compensated. Get over it.

Comment by Sad Thursday, Apr 28, 11 @ 8:03 pm
@Sad

I can’t blame Missouri pols for sticking up for their state and going through due process. But they better lose. (And keep their mouths shut, Perryville.)

Comment by Peter Thursday, Apr 28, 11 @ 8:06 pm
Peter, hope you’re right, but it’s getting a little nervy. I don’t know much about Limbaugh except that he’s a former Missouri GOP pol himself and native to Cape Girardeau.

Comment by wordslinger Thursday, Apr 28, 11 @ 8:12 pm
Political maneuvers should have no place here. Scientific information and the Army Corps of Engineers’ conclusions should take precedence. There are no ‘State’s Rights’ in these type of decisions.

Comment by Wensicia Thursday, Apr 28, 11 @ 9:10 pm
Rush Limbaugh is from or worked in Cape Girardeau.

http://en.wikipedia.org/wiki/Stephen_N._Limbaugh,_Jr.

Comment by mushroom in the dark Thursday, Apr 28, 11 @ 9:26 pm
Blowing the levee below Cairo not only helps the community of Cairo, but it also helps other communities sitting behind levees such as Cape Girardeau upriver, and particularly, New Madrid, Mo., downriver.

Comment by Downstate Illinois Thursday, Apr 28, 11 @ 9:50 pm
What is the delay?

There is no decision to be made. The US government bought the rights, the US government owns the rights, the US government has given the Corps jurisdiction over inland waterways; the Corps can use their judgment and do what they want with it. As a matter of law, it should be a slam dunk decision in favor of the Corps as a simple finding of fact.

If you don’t like what the Corps is doing, then that moves it into the political arena … but the Corps still has the right to dynamite the levee(s). If the (current) land owners are claiming they didn’t sell the rights, then they (or their lawyers) didn’t do a proper title search when buying the property …if there is a case at all, it is against the real estate agents and title companies.

Comment by Retired Non-Union Guy Thursday, Apr 28, 11 @ 10:15 pm
Looking at the approaching crests on the Ohio and Mississippi and the forecast for the Mississippi at New Madrid, the area in question will almost certainly be flooded anyway. Breaching the levee will hasten the inevitable for the floodplain in Missouri, but could prevent a break in Cairo. From a scientific standpoint (and a moral standpoint), this appears to be a no brainer, especially considering breaching the levee is part of the Corps plan and has been for decades. The time to file suit was when the plan was created, not when it is about to be put into play.

Comment by Illinois Geologist Thursday, Apr 28, 11 @ 11:18 pm