Mississippi River Tragedies

Read a free excerpt here!American engineers have done astounding things to bend the Mississippi River to their will: forcing one of its tributaries to flow uphill, transforming over a thousand miles of roiling currents into a placid staircase of water, and wresting the lower half of the river apart from its floodplain. American law has aided and abetted these feats. But despite our best efforts, so-called “natural disasters” continue to strike the Mississippi basin, as raging floodwaters decimate waterfront communities and abandoned towns literally crumble into the Gulf of Mexico. In some places, only the tombstones remain, leaning at odd angles as the underlying soil erodes away. Mississippi River Tragedies reveals that it is seductively deceptive—but horribly misleading—to call such catastrophes “natural.” Authors Christine A. Klein and Sandra B. Zellmer present a sympathetic account of the human dreams, pride, and foibles that got us to this point, weaving together engaging historical narratives and accessible law stories drawn from actual courtroom dramas. The authors deftly uncover the larger story of how the law reflects and even amplifies our ambivalent attitude toward nature—simultaneously revering wild rivers and places for what they are, while working feverishly to change them into something else. Despite their sobering revelations, the authors’ final message is one of hope. Although the acknowledgement of human responsibility for unnatural disasters can lead to blame, guilt, and liability, it can also prod us to confront the consequences of our actions, leading to a liberating sense of possibility and to the knowledge necessary to avoid future disasters.

The authors recite three lessons for people living or doing business in floodplains: 1) Rivers willflood; 2) levees willfail; and 3) unwise floodplain development willhappen if we let it.' Their solution: 'It's time to try something different: giving rivers room to flood. At the very least, we should think of sharing floodplains with their rivers., A lyrical natural history and smart legal analysis of the Mississippi River. Like all great river guides, Christine Klein and Sandra Zellmer double as historians and entertainers as they use the Mississippi to explain Americas often-confounding water laws. Mississippi River Tragedies exposes how U.S. water law and policy create flood and other natural disastersand offers specific solutions for the changes needed to prevent them. A must-read for anyone interested in the kinds of answers that help keep rivers free as they keep people safe from harm., I am renewing my love for the mighty Mississippi, thanks to two 'Mississippi River basin girls' who have penned a remarkable book, Mississippi River Tragedies: A Century of Unnatural Disaster....An excellent book. Whether you are a Mississippi River groupie or not, you need to read this book. Its influence and relevance extend beyond the Mississippi., Klein and Zellmer have provided a thoroughly engaging account of the human contributions to so-called 'natural' disasters that reads like a good mystery novel. By deftly weaving together a compelling historical narrative of the recurrent floods of the Mississippi River with legal and public policy analysis, they have produced a standard-setting contribution to the increasingly salient field of disaster law. The detailed vignettes of the heroes and rogues of the devastating River floods bring to life and deepen the impression of the books key lessons on natural resource management policies. Written by two of the nations top environmental and water law scholars, the book provides imaginative and persuasive solutions to the problems that result from policies that create incentives to aggravate rather than minimize flood risks., Klein and Zellmer offer some sensible proposals for reform: ensuring that constitutional protection for property rights does not serve to shield floodplain development, tightening federal flood insurance, and improving cost-benefit analysis for flood control projects. Most importantly, we must temper our confidence. It is hubris to think that concrete walls and earthworks will tame the river.

Christine A. Klein is the Chesterfield Smith Professor of Law at the University of Florida Levin College of Law and is co-author of Natural Resources Law: A Place-Based Book of Problems and Cases (Aspen Publishers). Sandra B. Zellmer holds the Robert B. Daugherty Chair at the University of Nebraska College of Law and is co-author of Natural Resources Law (West).