Court of Federal Claims Hears Final Arguments in Addicks Barker Downstream Case
4/10/2025 – Law firm McGehee ☆ Chang, Landgraf, Feiler issued a press release today on the final arguments in the Addicks Barker Reservoirs litigation in the Court of Federal Claims. Arguments took place on April 8, 2025 and conclude the liability portion of the case. The judge advised that he intends to issue a ruling “soon.”
The plaintiffs claim the Army Corps of Engineers opened the gates of the reservoirs unnecessarily during Harvey and flooded plaintiffs homes. They also allege that the Corps’ action constituted a “taking” by the government without just compensation.

The Corps and Harris County Flood Control developed the reservoirs in response to devastating floods in 1929 and 1935.
When constructed development had not yet reached them. Since then, it has surrounded them.
Issues in Case
The issues defined by presiding Judge Loren Smith were:
(1): Did an emergency necessitate the United States Army Corps of Engineers (the “Corps”) to open the Addicks and Barker reservoir gates? Or did the Corps open them as a matter of ordinary operating procedure?
(2): What would have happened if the gates had remained closed?
While the questions sound simple, the case involved hundreds of hours of lengthy depositions, trial testimony, and more than 500,000 pages of documents.
Plaintiff’s Attorneys Optimistic
According to lead attorney for the plaintiffs, Jack McGehee, his team utilized hours and hours of trial testimony, deposition testimony, the Corps’ own internal documents, and expert testimony which he says were “largely uncontested by the defense expert.”
The law firm contended, of course, that there was no “emergency” that necessitated the opening of the flood gates. In support of that conclusion, the attorney says the Corps’:
- Various personnel admitted as much before “emergency” became an issue in the case.
- Own reports and documentation lack reference to any “emergency”
Further, McGehee reported that both the Plaintiffs’ expert and the Corps’ expert agreed – that if the gates were not opened, then, the vast majority of the test properties would not have flooded. Further, he says, the others would have received less flooding.
He added that that conclusion “was made abundantly clear through the 500,000 pages of documents and hundreds of hours of lengthy deposition/trial testimony.”
McGehee added that the government’s strategy focused on the “emergency” declarations by the Corps and the federal and state government. However, the government reportedly failed to point out that these “emergency” declarations were made days prior to Harvey, and had nothing to do with the opening of the flood gates.
These emergency declarations, he claims, concerned Harvey in general, but not the Addicks/Barker reservoirs that are the subject of this case.
Additionally, the government emphasized how much the Addicks and Barker dams have benefited the Houston area in the past and how it was reasonable for the Corps to open the gates.
McGehee concluded, “The government, however, did not address that these claims are not relevant in the legal analysis of a government ‘taking’ of private property. “
Legal History of Case
This case is one of two that involve alleged “takings” by the Federal government during Harvey related to the Addicks and Barker Reservoirs. Several years ago, they were split into upstream and downstream cases because the issues and facts differed somewhat.
These posts include background information on both:
24/12/9 Addicks Barker Litigation Update – about testimony in an appeal of the cases.
24/11/25 Flood Digest: Brief Summaries of Five Flood-Related News Items contains a summary of then-recent developments in the upstream case.
23/1/19 Downstream Addicks Barker Case Moves Another Step Closer to Trial
22/11/21 Government Again Moves for Summary Judgment In Addicks-Barker Downstream Cases
22/8/9 Addicks-Barker Upstream Trial Case Entering Final Phase
22/6/11 Upstream Addicks-Barker Trial Concludes, But No Ruling Yet on Damages
22/6/3 Appeals Court Revives Addicks-Barker Downstream Takings Cases
20/2/26 New Presentations on Barker-Addicks Upstream Case and State of Regional Flood Mitigation
For more updates dating back to 2017, see this page on the law firm’s site.
Almost eight years after Harvey, we still don’t have a decision in this case. That underscores the need to purchase flood insurance if you live in Harris County.
Posted by Bob Rehak on 4/10/25
2781 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.