Turning River Water Into Gold: Why Oyster Harvesters Should Not Be Permitted to Cash in on Changes in Salinity Caused by the Caernarvon Water Diversion Project
By Robert L. Rogers, III
INTRODUCTION
For years, the Mississippi River has brought both pleasure and pain to the citizens of Louisiana. The Mississippi River and the swampy marshlands surrounding it provide one of America's richest sources of seafood, and for centuries Louisiana's citizens have made their living gathering seafood from the swamps. But the same river that has provided seafood harvesters with their means of living has periodically destroyed their homes with unpredictable floods. In response, government bodies have built levees to control the flow of the river. These levees, however, have brought their own harms, including the sacrifice of thousands of square miles of wetlands to the Gulf of Mexico.
In the latter half of the twentieth century, the government arrived at a compromise with nature that it thought would solve the problems the levees caused while maintaining the benefits they provided. By building devices that allowed a controlled diversion of Mississippi River waters and sediments into the marshlands, the government thought it could restore the region's natural flood cycle without sacrificing private property. However, this solution has brought its own problems. Fishermen and oyster harvesters, many of whom benefited a great deal from the changes to the environment brought about by the levees, have found their fishing and oystering sites ruined by changes in salinity. Many of those oyster harvesters have sued, and the multi-million dollar verdicts they have recently won have led many to believe that others with property interests in the waters affected by freshwater diversion projects may be next in line to the courts.
The Caernarvon Water Diversion Project is a major step in the right direction for government bodies that hope to cure past mistakes in Mississippi River management. Like all projects intended to help the public as a whole, the Caernarvon Project will inevitably harm some private parties, but it will do far greater good by preserving thousands of miles of coastal wetlands that would otherwise be relinquished to the sea. The State of Louisiana should not be forced to pay billions of dollars in damages for a project that is not only good for the environment, but is also needed to protect Louisiana's economy.
Part II of this Note examines the circumstances that led to the creation of the Caernarvon Project and the litigation that has risen in response to it. Part III examines the claims filed by oyster harvesters in Louisiana courts and the legal reasons that those claims should be struck down on appeal. Part IV examines the policies, most notably coastal preservation, that demand reversal of those claims. Finally, Part V concludes by reviewing the need to preserve the coastal wetlands of Southern Louisiana.
For years, the Mississippi River has brought both pleasure and pain to the citizens of Louisiana. The Mississippi River and the swampy marshlands surrounding it provide one of America's richest sources of seafood, and for centuries Louisiana's citizens have made their living gathering seafood from the swamps. But the same river that has provided seafood harvesters with their means of living has periodically destroyed their homes with unpredictable floods. In response, government bodies have built levees to control the flow of the river. These levees, however, have brought their own harms, including the sacrifice of thousands of square miles of wetlands to the Gulf of Mexico.
In the latter half of the twentieth century, the government arrived at a compromise with nature that it thought would solve the problems the levees caused while maintaining the benefits they provided. By building devices that allowed a controlled diversion of Mississippi River waters and sediments into the marshlands, the government thought it could restore the region's natural flood cycle without sacrificing private property. However, this solution has brought its own problems. Fishermen and oyster harvesters, many of whom benefited a great deal from the changes to the environment brought about by the levees, have found their fishing and oystering sites ruined by changes in salinity. Many of those oyster harvesters have sued, and the multi-million dollar verdicts they have recently won have led many to believe that others with property interests in the waters affected by freshwater diversion projects may be next in line to the courts.
The Caernarvon Water Diversion Project is a major step in the right direction for government bodies that hope to cure past mistakes in Mississippi River management. Like all projects intended to help the public as a whole, the Caernarvon Project will inevitably harm some private parties, but it will do far greater good by preserving thousands of miles of coastal wetlands that would otherwise be relinquished to the sea. The State of Louisiana should not be forced to pay billions of dollars in damages for a project that is not only good for the environment, but is also needed to protect Louisiana's economy.
Part II of this Note examines the circumstances that led to the creation of the Caernarvon Project and the litigation that has risen in response to it. Part III examines the claims filed by oyster harvesters in Louisiana courts and the legal reasons that those claims should be struck down on appeal. Part IV examines the policies, most notably coastal preservation, that demand reversal of those claims. Finally, Part V concludes by reviewing the need to preserve the coastal wetlands of Southern Louisiana.
