On the fifth Anniversary of Harvey, the law firm McGehee ☆ Chang, Landgraf, Feiler issued updates on both its upstream and downstream cases in the Addicks-Barker lawsuits against the Army Corps of Engineers.
Judge Lettow heard the plaintiffs’ opening post-trial brief on August 1, 2022.
Defendants will present their response on September 9.
Plaintiffs will get a chance to reply to that on September 23, 2022.
The judge will hear final arguments on September 29, 2022, at 2:30 p.m.
“Once the post-trial argument concludes, we expect Judge Lettow to render a decision – which outlines the amount of damages that the homeowners are entitled to,” said the law firm in a press release. “We hope to receive the ruling by the end of the year.”
Flooded Homes in Addicks Reservoir during Harvey
Downstream Case Still Alive but No Definite Schedule
The lower court found that “Downstream property owners did not have a cognizable [clearly identifiable] property interest.” But in June, a Federal Court of Appeals’ reversed and remanded the lower court’s decision. That means the case will go back to the lower court for further proceedings that follow instructions given by the appeals court.
The lower court will now have to determine whether a “taking” of the Downstream properties occurred, and whether the government’s other defense (i.e., necessity) will apply.
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2022/06/Flooded-Homes-Addicks-Reservoir.jpg?fit=1200%2C765&ssl=17651200adminadmin2022-08-29 13:29:022022-08-29 13:33:41Addicks-Barker Upstream Trial Case Entering Final Phase
The previous Drainage Criteria Manual posted on the MoCo Engineer’s site is dated 1989, but appears to have some minor updates from 2019. The Subdivision Rules and Regulations for new developments date even further back, to 1984, although they too had new amendments and addenda incorporated in July, 2021.
MoCo hired Halff Associates to do the updating. Their fee: $302,000.
Welcome News
This is welcome news for people in northern Harris County. Drainage and engineering standards in MoCo have lagged those in Harris. That has created adverse downstream impacts even though developers may technically meet MoCo requirements. But the lower standards enable them to claim “no adverse impacts” when, in fact, there may sometimes be some.
Changes Could Reduce Flooding in MoCo and Harris Counties
Since Harvey, the Harris County Engineering Department and Flood Control District have worked to get surrounding counties to adopt five minimum drainage standards. They include:
Requiring “no net fill” in the current mapped 500-year floodplain
Require the minimum Finished Flood Elevation of new habitable structures be established at or waterproofed to the 500-year flood.
Scope of Content Updates
The Scope of Work approved by MoCo Commissions last week shows that Halff will examine most, if not all, of these issues and more. The effort will evaluate and potentially update, at a minimum:
Hydrologic methodology (this includes hydrographic timing but is broader)
Detention sizing and outfall design
Open channel design frequency and requirements
Floodplain analysis.
Process for Updates
The scope of work also defines the process that Halff will follow. It includes:
Coordination with County engineering staff
Evaluation of existing manuals
Identifying dated criteria/information
Comparisons with neighboring counties‘practices (see below)
Revisions
Development of the new documentation
Stakeholder review and reporting
Presentation to Commissioners Court
Reporting approved changes to adjacent counties.
Work should take about a year.
Comparison with Regs in Other Entities
For the drainage Criteria Manual, Halff will compare criteria from TxDOT, Harris County, HCFCD, Waller County, Fort Bend County, and Brazoria County.
Halff will compare MoCo’s Subdivision Rules and Regulations to those in Harris, Waller, Fort Bend, and Walker Counties.
This is more good news for those in northern Harris County.
About Halff Associates
A source in the engineering community characterized Halff as a good company. He said, “The Montgomery County manual is in good hands….as long as they let Halff do the right things.”
Halff will work with the MoCo Engineer Jeff Johnson on the updates.
Subdivision Rules and Regulations
Neither the Scope of Work, nor Commissioners discussed specific recommendations for updates to Subdivision Rules and Regulations. But Commissioners did request an opportunity to discuss and review updates on both manuals before they came back to Commissioners Court for final approval.
Immediate Impact
One former MoCo employee said, “There is still the hurdle of the court adopting the updated standards. Expect a rush of drainage studies to be submitted in the next year so they can be grandfathered in.”
We saw this in the City of Houston (CoH), for instance, with the Laurel Springs RV Resort. The detention pond in that development is half the size required by new standards. CoH permitted it one day before the new standards went into effect.
Related News: MoCo Floodplain Administrator Office
At about 40 seconds into the video for Items 17 and 18 on the agenda, the Commissioners approved a motion to have Precinct 2 Commissioner Charlie Riley oversee MoCo’s Office of the Floodplain Administrator. Reasons for the change were not clear. Discussion happened in Executive Session.
All we have to go by is the outcome. And the outcome shows that MoCo is bringing the Office of the Floodplain Administrator – for the whole county – under the direct, political control of one precinct commissioner. Interesting.
Posted by Bob Rehak on 8/28/2022
1825 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Five years after Harvey, post traumatic stress disorder (PTSD) still haunts many of the victims. Readers have written me about how hard they find it to shake painful memories.
Some complain about periodic flashbacks, often related to a trigger event, such as looking at a photo of a cherished possession they lost in the flood.
Others still panic in thunderstorms or can’t sleep when it rains.
Many feel rising anxiety as they track each new storm crossing the Atlantic.
Dozens feel anger at or get depressed by the slow pace of mitigation.
Two even told me recently that they may move away. Recovery after Harvey was so traumatic that they “can no longer live with the risk of flooding again” as one succinctly phrased it.
Recurring, Unwanted, Intrusive Thoughts
These different reactions represent a spectrum that most likely reflects a blend of the individuals’ experiences and tolerance for risk. The thing they all have in common: recurring, unwanted, intrusive thoughts that they find disturbing or disruptive.
Even though PTSD symptoms may not be as strong or as frequent as they were immediately after the storm, some still find them hard to shake and difficult to handle.
The Professionals’ Perspective
So, I contacted two local, highly respected therapists, Janice Costa LPC, LMFT, and Joni Adams M.A., LPC-S, to learn more.
Both said that they rarely see clients with Harvey trauma as their main complaint these days. But Harvey does often come up when dealing with clients’ other concerns.
Said Costa, “Things pile up. It wasn’t just the flood. It often relates to dealing with the aftermath.”
Chain-Reaction Traumas
That fits with what people have told me. One trauma piles on top of another. At first, it might have been throwing out treasured family heirlooms, such as a grand piano. Seeing belongings piled at the curb. Losing privacy as strangers gutted your home. Dealing with absentee contractors. Living in travel trailers for 18 months. Applying for financial aid. Waiting years for a check, then being denied. Depleting savings or cashing in their kids’ college funds to pay for repairs. Living with the consequences of that as kids apply to colleges. Losing a lifestyle once loved and friends cherished.
We’ve all heard similar stories.
The trauma caused by a storm like Harvey can have extensive and long-lasting consequences. Like a series of dominos, one thing leads to another, triggering recurrent and unwanted thoughts of the original event.
Said Costa, “They’re still trying to process one trauma, when something new happens. It’s like the straw that broke the camel’s back.”
Trigger Events
Without revealing any patient information, both Adams and Costa talked about things that trigger flashbacks.
Said Adams, “Many people find that anniversary dates of trauma events are triggers. So are stimuli similar to the client’s experience (such as heavy rain, street flooding, weather notifications, or storms in the Gulf).”
Costa mentioned that sometimes the traumas can be unrelated or only loosely related. For instance, one reader told me about the death of a parent. The parent had taken in her daughter’s family after the storm. At the parent’s funeral, the memories of Harvey, mixed with grief, became overpowering for the daughter.
Blended Traumas
Adams echoed Costa’s observations. “Although clients may not present with Harvey complaints as their primary reason for entering therapy today, it likely still affects some. Some already had a trauma history when Harvey hit. Then they experienced more trauma in the years following. Harvey gets blended into the client’s internal reality as opposed to being seen as an isolated trauma event that happened five years ago.”
“Because of my son’s allergies, we couldn’t move back in until all the drywall repairs were finished.”
“For some clients, the correlation between Harvey and current PTSD symptoms may be clearly identifiable,” said Adams. But in others it may be hard to link symptoms directly to Harvey alone.
The woman who owned the house above, for instance, was struggling with the aftermath of a divorce and her son’s medical issues when Harvey struck. She told me with a tear in her eye, “I can’t do this anymore.” Her parting gift to Houston was emotional testimony to the SJRA board about her experience. During her talk, she broke down crying; so did some in the audience. Shortly after that, she moved closer to family in another state.
Progression of PTSD
Said Costa, “After Harvey there were people who had symptoms of PTSD within a few weeks. Some took much longer to show symptoms. Not everyone who flooded got PTSD.
“With the flood many people dealt with multiple traumas. PTSD can often be dealt with within six months, but in some people it can become chronic and last for years. There definitely are people still suffering from PTSD caused by the flood.”
Costa also talked about how PTSD might manifest itself in people’s lives today. It varies from client to client. “Intrusive thoughts about what they went through, avoidance of external reminders, negative changes in thoughts and mood, and changes in reactivity are all recognized symptoms. People may still be having nightmares, sleep disturbances, intrusive thoughts, inability to concentrate, and more anxiety than in the past.”
“Some feel like their brains are stuck in danger mode.”
Janice Costa, LPC, LMFT
Costa also talked about children and people in their seventies. “Children who have PTSD,” she said, “may be emotionally numb for a period, or have depression and/or anxiety.”
“I also see people in their seventies with these negative flashbacks,” she added. “They can crop up after being dormant for years.” When I asked about why, she theorized that it might relate to the extra time that people in retirement have to ponder life. She observed, “They aren’t consumed by the obligations of work and raising kids.”
EMDR Therapy
Many people who experience fears, anxiety, or sleep problems may not realize that therapy could help. Both Adams and Costa mentioned the success they have had with EMDR therapy. People continuing to struggle may wish to explore the EMDR International Association site. EMDR stands for Eye Movement Desensitization and Reprocessing.
The Association says, “EMDR is a structured therapy that encourages the patient to briefly focus on the trauma memory while simultaneously experiencing bilateral stimulation (typically eye movement), which is associated with a reduction in the vividness and emotion associated with the trauma memories.”
Therapists use EMDR to help people recover primarily from trauma and PTSD symptoms. However, therapists also use it to treat symptoms of anxiety, depression, OCD, chronic pain, addictions, and other distressing life experiences.
Other therapies sometimes used include Trauma Resolution Therapy and Desensitization Therapy.
If you still experience PTSD symptoms, you may want to explore one of these alternatives. The memory of Harvey may never go away. So, it’s best to learn how to live with it. It could become burned into our collective consciousness under the heading of History. After all, we still talk about the Galveston hurricane of 1900!
Posted by Bob Rehak on 8/27/22
1824 Days (Five Years) since Hurricane Harvey
https://i0.wp.com/reduceflooding.com/wp-content/uploads/2018/04/IMG_3456.jpg?fit=640%2C480&ssl=1480640adminadmin2022-08-27 17:27:122022-08-27 18:58:40Some Still Deal with PTSD, Five Years after Harvey
Addicks-Barker Upstream Trial Case Entering Final Phase
On the fifth Anniversary of Harvey, the law firm McGehee ☆ Chang, Landgraf, Feiler issued updates on both its upstream and downstream cases in the Addicks-Barker lawsuits against the Army Corps of Engineers.
Final Arguments Scheduled in Upstream Case
The upstream Addicks-Barker lawsuit is finally drawing to a close. Earlier, Judge Charles F. Lettow ruled that the Army Corps was liable for damages. The question being decided now is “How much will residents get?” On that issue…
“Once the post-trial argument concludes, we expect Judge Lettow to render a decision – which outlines the amount of damages that the homeowners are entitled to,” said the law firm in a press release. “We hope to receive the ruling by the end of the year.”
Downstream Case Still Alive but No Definite Schedule
The McGehee firm won an appeal in its downstream Addicks-Barker lawsuit last June. The ruling on the appeal revived the case, which a lower court had dismissed in 2020.
The lower court found that “Downstream property owners did not have a cognizable [clearly identifiable] property interest.” But in June, a Federal Court of Appeals’ reversed and remanded the lower court’s decision. That means the case will go back to the lower court for further proceedings that follow instructions given by the appeals court.
“The fight will continue,” said the McGehee team.
For More Information
I’ve covered the upstream and downstream cases since 2020. For more information, see:
The outcome of these cases could affect outcomes in similar “takings” cases in the San Jacinto watershed.
Beyond the lawsuits, flood-mitigation help for residents near the reservoirs remains years away. It could depend on flood tunnels which are still being studied.
Posted by Bob Rehak on 8/29/22
1826 Days since Hurricane Harvey
MoCo Updating Drainage Criteria Manual, Subdivision Rules
Montgomery County (MoCo) Commissioners voted on 8/23/22 to update the County’s Drainage Criteria Manual and its Subdivision Rules and Regulations. Precinct 2 Commissioner Charlie Riley made the motion (item 16.C on the 8/23/22 Commissioners Court agenda).
See the discussion in the MoCo Commissioner’s Court video. Select Item 16. The discussion starts at 3:12.
The previous Drainage Criteria Manual posted on the MoCo Engineer’s site is dated 1989, but appears to have some minor updates from 2019. The Subdivision Rules and Regulations for new developments date even further back, to 1984, although they too had new amendments and addenda incorporated in July, 2021.
MoCo hired Halff Associates to do the updating. Their fee: $302,000.
Welcome News
This is welcome news for people in northern Harris County. Drainage and engineering standards in MoCo have lagged those in Harris. That has created adverse downstream impacts even though developers may technically meet MoCo requirements. But the lower standards enable them to claim “no adverse impacts” when, in fact, there may sometimes be some.
Changes Could Reduce Flooding in MoCo and Harris Counties
Since Harvey, the Harris County Engineering Department and Flood Control District have worked to get surrounding counties to adopt five minimum drainage standards. They include:
Scope of Content Updates
The Scope of Work approved by MoCo Commissions last week shows that Halff will examine most, if not all, of these issues and more. The effort will evaluate and potentially update, at a minimum:
Process for Updates
The scope of work also defines the process that Halff will follow. It includes:
Work should take about a year.
Comparison with Regs in Other Entities
For the drainage Criteria Manual, Halff will compare criteria from TxDOT, Harris County, HCFCD, Waller County, Fort Bend County, and Brazoria County.
Halff will compare MoCo’s Subdivision Rules and Regulations to those in Harris, Waller, Fort Bend, and Walker Counties.
This is more good news for those in northern Harris County.
About Halff Associates
A source in the engineering community characterized Halff as a good company. He said, “The Montgomery County manual is in good hands….as long as they let Halff do the right things.”
Halff will work with the MoCo Engineer Jeff Johnson on the updates.
Subdivision Rules and Regulations
Neither the Scope of Work, nor Commissioners discussed specific recommendations for updates to Subdivision Rules and Regulations. But Commissioners did request an opportunity to discuss and review updates on both manuals before they came back to Commissioners Court for final approval.
Immediate Impact
One former MoCo employee said, “There is still the hurdle of the court adopting the updated standards. Expect a rush of drainage studies to be submitted in the next year so they can be grandfathered in.”
We saw this in the City of Houston (CoH), for instance, with the Laurel Springs RV Resort. The detention pond in that development is half the size required by new standards. CoH permitted it one day before the new standards went into effect.
Related News: MoCo Floodplain Administrator Office
At about 40 seconds into the video for Items 17 and 18 on the agenda, the Commissioners approved a motion to have Precinct 2 Commissioner Charlie Riley oversee MoCo’s Office of the Floodplain Administrator. Reasons for the change were not clear. Discussion happened in Executive Session.
All we have to go by is the outcome. And the outcome shows that MoCo is bringing the Office of the Floodplain Administrator – for the whole county – under the direct, political control of one precinct commissioner. Interesting.
Posted by Bob Rehak on 8/28/2022
1825 Days since Hurricane Harvey
The thoughts expressed in this post represent opinions on matters of public concern and safety. They are protected by the First Amendment of the US Constitution and the Anti-SLAPP Statute of the Great State of Texas.
Some Still Deal with PTSD, Five Years after Harvey
Five years after Harvey, post traumatic stress disorder (PTSD) still haunts many of the victims. Readers have written me about how hard they find it to shake painful memories.
Recurring, Unwanted, Intrusive Thoughts
These different reactions represent a spectrum that most likely reflects a blend of the individuals’ experiences and tolerance for risk. The thing they all have in common: recurring, unwanted, intrusive thoughts that they find disturbing or disruptive.
Even though PTSD symptoms may not be as strong or as frequent as they were immediately after the storm, some still find them hard to shake and difficult to handle.
The Professionals’ Perspective
So, I contacted two local, highly respected therapists, Janice Costa LPC, LMFT, and Joni Adams M.A., LPC-S, to learn more.
Both said that they rarely see clients with Harvey trauma as their main complaint these days. But Harvey does often come up when dealing with clients’ other concerns.
Said Costa, “Things pile up. It wasn’t just the flood. It often relates to dealing with the aftermath.”
Chain-Reaction Traumas
That fits with what people have told me. One trauma piles on top of another. At first, it might have been throwing out treasured family heirlooms, such as a grand piano. Seeing belongings piled at the curb. Losing privacy as strangers gutted your home. Dealing with absentee contractors. Living in travel trailers for 18 months. Applying for financial aid. Waiting years for a check, then being denied. Depleting savings or cashing in their kids’ college funds to pay for repairs. Living with the consequences of that as kids apply to colleges. Losing a lifestyle once loved and friends cherished.
We’ve all heard similar stories.
The trauma caused by a storm like Harvey can have extensive and long-lasting consequences. Like a series of dominos, one thing leads to another, triggering recurrent and unwanted thoughts of the original event.
Said Costa, “They’re still trying to process one trauma, when something new happens. It’s like the straw that broke the camel’s back.”
Trigger Events
Without revealing any patient information, both Adams and Costa talked about things that trigger flashbacks.
Said Adams, “Many people find that anniversary dates of trauma events are triggers. So are stimuli similar to the client’s experience (such as heavy rain, street flooding, weather notifications, or storms in the Gulf).”
Costa mentioned that sometimes the traumas can be unrelated or only loosely related. For instance, one reader told me about the death of a parent. The parent had taken in her daughter’s family after the storm. At the parent’s funeral, the memories of Harvey, mixed with grief, became overpowering for the daughter.
Blended Traumas
Adams echoed Costa’s observations. “Although clients may not present with Harvey complaints as their primary reason for entering therapy today, it likely still affects some. Some already had a trauma history when Harvey hit. Then they experienced more trauma in the years following. Harvey gets blended into the client’s internal reality as opposed to being seen as an isolated trauma event that happened five years ago.”
“For some clients, the correlation between Harvey and current PTSD symptoms may be clearly identifiable,” said Adams. But in others it may be hard to link symptoms directly to Harvey alone.
The woman who owned the house above, for instance, was struggling with the aftermath of a divorce and her son’s medical issues when Harvey struck. She told me with a tear in her eye, “I can’t do this anymore.” Her parting gift to Houston was emotional testimony to the SJRA board about her experience. During her talk, she broke down crying; so did some in the audience. Shortly after that, she moved closer to family in another state.
Progression of PTSD
Said Costa, “After Harvey there were people who had symptoms of PTSD within a few weeks. Some took much longer to show symptoms. Not everyone who flooded got PTSD.
“With the flood many people dealt with multiple traumas. PTSD can often be dealt with within six months, but in some people it can become chronic and last for years. There definitely are people still suffering from PTSD caused by the flood.”
Costa also talked about how PTSD might manifest itself in people’s lives today. It varies from client to client. “Intrusive thoughts about what they went through, avoidance of external reminders, negative changes in thoughts and mood, and changes in reactivity are all recognized symptoms. People may still be having nightmares, sleep disturbances, intrusive thoughts, inability to concentrate, and more anxiety than in the past.”
Costa also talked about children and people in their seventies. “Children who have PTSD,” she said, “may be emotionally numb for a period, or have depression and/or anxiety.”
“I also see people in their seventies with these negative flashbacks,” she added. “They can crop up after being dormant for years.” When I asked about why, she theorized that it might relate to the extra time that people in retirement have to ponder life. She observed, “They aren’t consumed by the obligations of work and raising kids.”
EMDR Therapy
Many people who experience fears, anxiety, or sleep problems may not realize that therapy could help. Both Adams and Costa mentioned the success they have had with EMDR therapy. People continuing to struggle may wish to explore the EMDR International Association site. EMDR stands for Eye Movement Desensitization and Reprocessing.
The Association says, “EMDR is a structured therapy that encourages the patient to briefly focus on the trauma memory while simultaneously experiencing bilateral stimulation (typically eye movement), which is associated with a reduction in the vividness and emotion associated with the trauma memories.”
Therapists use EMDR to help people recover primarily from trauma and PTSD symptoms. However, therapists also use it to treat symptoms of anxiety, depression, OCD, chronic pain, addictions, and other distressing life experiences.
Other therapies sometimes used include Trauma Resolution Therapy and Desensitization Therapy.
If you still experience PTSD symptoms, you may want to explore one of these alternatives. The memory of Harvey may never go away. So, it’s best to learn how to live with it. It could become burned into our collective consciousness under the heading of History. After all, we still talk about the Galveston hurricane of 1900!
Posted by Bob Rehak on 8/27/22
1824 Days (Five Years) since Hurricane Harvey