Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Groundhog Day. (fp)

Banned in Tucson. (kw)

The Best and Worst of 2011 in Race and Law (kw)

Tortured to death for trespassing. (fp)

Drones of contention. (fp)

DOJ still coddling banks. (fp)

Creative destruction? Thank banks. (fp)

Blog about a new book, on how to talk to little girls--stressing smarts not cutes.   LAC

Macey on the heroic Rakoff. (fp)

Captured NY Fed. (fp)


solicitors

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments


    • Three Oranges on Physical Punishment and Parental Rights

    • Paul Robichaux on Physical Punishment and Parental Rights

    • JR on Physical Punishment and Parental Rights

    • Jan on Physical Punishment and Parental Rights

    • Mark on Physical Punishment and Parental Rights

    • Shag from Brookline on Omelets and Eggs

    • Shag from Brookline on Omelets and Eggs

    • Joe on What Exactly is Wrong With Polygamy?

    • Phil on What Exactly is Wrong With Polygamy?

    • Lee on Lifecycles and the Firm

    • Car accident claim lawyers on Symposium Next Week on "A Legal Theory for Autonomous Artificial Agents"

    • Andrew MacKie-Mason on Can't the Supreme Court Just Say No to Cameras?

    • Joe on Employment Division v. Smith is Wrong

    • Shag from Brookline on Employment Division v. Smith is Wrong

    • Joe on Employment Division v. Smith is Wrong
  •  

    Site Meter

    About the Blog

    Concurring Opinions is a multiple authored, general interest legal blog.

    (Image: Wikicommons)

The Katrina Reports

posted by Jason Mazzone

This summer as a follow up to The Security Constitution I am working on a paper about emergencies and federalism. I have spent the past week reading the three reports—one by the White House, one by a House Select Committee, and one by the Department of Homeland Security—on the federal government’s response to Hurricane Katrina.

Getting through the three reports is no easy task. Together, they number 996 pages. (You really have a problem if it takes 996 pages to describe it.) All three assume knowledge of the inner-workings of the federal bureaucracy. Large swaths of the White House Report in particular are bureaucratic babble with sentences like this: “The JFO co-locates the Principal Federal Official (PFO) and Federal Coordinating Officer in situations not involving multiple FCOs.” And this: “Strategic-level coordination and resolution of resource conflicts unresolved by the NRCC occurs at the Interagency Incident Management Group (IIMG), an interagency body housed at DHS headquarters.”

Still, the three Katrina reports, with varying degrees of candor, come to a single basic conclusion: the federal government botched it.


The reports show how when Katrina hit the Administration held the view that—in the name of federalism—in an emergency states and localities should basically fend for themselves. The trouble Katrina presented was that it is hard to fend for yourself if, as in the case of New Orleans, you are 80% under water or, in the case of Waveland, Mississippi, you have been wiped off the map.

When Katrina struck, nobody watching from Washington seemed to know what to do or how to do it. Although after 9/11 the federal government had drawn up blueprints for dealing with emergencies, it remained short on know-how. There were too few people trained in coordinating emergency relief; supplies needed in the Gulf region were scattered throughout a vast federal bureaucracy with nobody to figure out how to bring them together; lines of authority were blurred and overlapping. Federal functionaries bickered about who got to do what. The person who was meant to be in charge, FEMA Director Michael Brown, hadn’t even thought to assemble in advance his staff of response personnel and to figure out their duties.

On the ground, federalism meant no single person was in charge. Federal responders showed up with equipment that wasn’t compatible with equipment used locally. Federal personnel couldn’t communicate properly with state officials. Nobody knew how to make efficient use of charitable donations or the services of non-governmental organizations or the offers of help that came from abroad. Federal personnel, worried about doing things that were the province of states and localities, waited in the wings. Efforts were duplicated; energies were wasted.

Among the most ridiculous of the federalism problems was that Louisiana insisted on deputizing federal personnel via a cumbersome process requiring the presence of a State Police Attorney. Similarly, some federal officials wanted to deputize state personnel before they could be allowed to enforce federal laws.

And so, the rest of us watched, in astonishment and sadness, as the Gulf Coast became a Third World country, its people dying in the streets and stuffed into refugee camps.

The three official Katrina reports don’t explicitly make it but the most frightening point is clear. Four years after 9/11, the federal government couldn’t do the one thing it is meant to do: keep us safe. Instead of putting in place a serious and effective emergency response system the federal government had apparently been too busy with other things. (Looking back, it’s not hard to identify what those things might have been: abortion, same-sex marriage, marijuana, teenage abstinence, issuing subpoenas to a dead woman.)

It remains to be seen whether the Katrina debacle will prompt the urgently necessary reforms in the federal government’s emergency capacities and plans. Who, besides me, has actually read these reports? And what has been done to fix all of the problems identified before the next incident occurs?

Bureaucracies don’t tend to change very much on their own unless somebody—somebody with power—forces them to reform.

Here, sadly, hope is slim. None of the reports say much about the failings during Katrina by the President—the one person who could produce reform.

It is no surprise that the reports don’t mention the President’s basic foolishness during Katrina (vacationing in Crawford while New Orleans drowned; flying about overhead while everyone else waded in toxic sludge; announcing that nobody had imagined the levees would breach; heaping praise on FEMA’s Michael Brown; rigging up a blazing light show in Jackson Square when nearby hospitals couldn’t power respirators). But it is surprising that the reports nowhere call specifically on the President to fix the things that didn’t work and ensure next time the government does much better.

In the scheme of things, Katrina was a soft ball. The hurricane came with plenty of warning. And, despite the devastation Katrina did unleash, its effects would look mild compared to, say, the detonation of a nuclear device in a major city. Next time disaster strikes, will we get an improved response? Or just a new government report, this one on how the lessons of Katrina were not properly learned?


 May 15, 2006 at 11:15 am   Posted in: Current Events   Print This Post Print This Post

Leave a Reply

Spam protection by WP Captcha-Free


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Derek Bambauer
Gabriella Coleman
andré douglas pond cummings
David Gray
Brishen Rogers
Joseph Turow
Elizabeth A. Wilson













Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Marvin Ammori
Michelle Anderson
Laura Appleman
Taunya Lovell Banks
Ann Bartow
Steven Bellovin
Adam Benforado
Gaia Bernstein
Francesca Bignami
Josh Blackman
Joseph Blocher
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Ryan Calo
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Glenn Cohen
Jennifer Collins
Caroline Mala Corbin
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
Maxine Eichner
Jessica Erickson
David Fagundes
Lisa Fairfax
Joshua Fairfield
Christine Haight Farley
Kim Ferzan
Dan Filler
Mary Anne Franks
Michael Froomkin
Amanda Frost
Brian Frye
Timothy Glynn
Rachel Godsil
Eric Goldman
Kyle Graham
David Gray
Craig Green
Tristin Green
Jonathan Hafetz
Meredith Harbach
Michelle Harner
Jeffrey Harrison
Hosea Harvey
Erica Hashimoto
Jennifer Hendricks
Carissa Hessick
Laura Heymann
Robert Hillman
Gilbert A. Holmes
Nicole Huberfeld
Christine Hurt
Darian Ibrahim
Sherrilyn Ifill
John Ip
Shavar Jeffries
Kevin Johnson
Kristin Johnson
Jeff Jonas
Courtney Joslin
Dan Kahan
Jeffrey Kahn
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Alicia Kelly
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Alex Kreit
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Youngjae Lee
Margaret Lewis
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Matthew Lister
Joseph Liu
Michael Madison
Kevin Noble Maillard
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Viva Moffat
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Angela Onwuachi-Willing
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
Michael J. Pitts
Marc Poirier
David Post
Amanda Pustilnik
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Marc Roark
Sasha Romanosky
Tuan Samahon
Susan Scafidi
David Schraub
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Judd Sneirson
Adam Steinman
Charles Sullivan
Rick Swedloff
Olivier Sylvain
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Ari Waldman
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
Access to Justice
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Derechoalderecho
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Just Books
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
TeachPrivacy Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress