Addicks-Barker Upstream Lawsuit Delayed Again
8/15/2026 – The lawsuit between the Army Corps of Engineers and residents upstream of the Addicks and Barker Reservoirs has been delayed again. The government is still deciding whether to file another appeal to the United States Supreme Court. It was supposed to have made a decision by August 7, 2026.
However, the government advised at that hearing that it could not make a decision re: the appeal and asked for yet another extension. The appeals court granted a further extension to September 4, 2026, postponing a decision once again.
The law firm McGehee ☆ Chang, Feiler, which represents the upstream flood victims, said “We are disappointed by the continued delay. That said, this is a significant case requiring extensive deliberation within the government.”
History of Case
For a complete history of the case, see the Addicks-Barker page on the law firm’s site. This 10-page brief provides a chilling recreation of events during Harvey. Judges in the case have expressed their displeasure re: the government’s request for extensions as early as December 20, 2017.
One case eventually split into two because of different issues involving up- and downstream residents. I have covered the both cases since 2020.
The initial trial phase of the upstream case drew to a close in the second half of 2022. The judge ruled the government was liable for damages. But the government appealed on December 29, 2022. Three years later, on December 29, 2025, the Court of Appeals, after 13 months of deliberations, affirmed the trial court’s ruling on the issue of liability. It agreed that the government is liable for taking of the Upstream homeowners’ property.
The homeowners contended that when the reservoirs were built, the Corps didn’t buy enough property within them. Private developers then built homes within the reservoirs. The government warned as early as 1973 that it knew of the problem and that homes could be flooded.
And then it happened.
Posted by Bob Rehak on 8/15/2026
3273 Days since Hurricane Harvey
