Professor
Sean Kammer
is contributing to the collection development effort of the USD Law
Library. Under this program, professors make
recommendations for titles to be added to the Law Library's collection.
Consistent with the Collection Development Policy of the Law Library,
titles recommended for acquisition by the faculty are given priority
consideration. If the recommended title is acquired, the faculty member
provides a brief review of the title for publication on the Law Library Blog. Below Professor Kammer provides a review of a title acquired under the program. Thank you Professor Kammer!
Review
of Christine A. Klein and Sandra B. Zellmer, Mississippi River
Tragedies: A Century of Unnatural Disaster (NY: New York University
Press, 2014)
With this work, water law scholars
Christine A. Klein and Sandra B. Zellmer offer a fresh perspective on
over a century of so-called
“natural disasters” that have impacted (if not devastated) lives in the
Mississippi River basin. In short, they contend that there is nothing
“natural”
about them at all. Rather, while some “natural” weather event may have
precipitated each of the events, their damage to human lives resulted
from a
pattern of failed water development policies and shortsighted land-use
planning.
Employing a largely chronological organization, the authors
recount the great flood events of the twentieth and early twenty-first
centuries, from a decade of immense flooding beginning in 1903 to the flooding
of New Orleans following Hurricane Katrina in 2005. After each incident, the
government’s response was akin to a gambler doubling down after a loss. The
government began early in the century by implementing a program of levee
construction. When that proved ineffective in the following decades, it
supplemented levees with a system of floodways to direct floodwaters and
reservoirs to store them. As flooding disasters have continued, the government
has repeatedly attempted to alleviate some of the suffering through disaster
relief, while providing protection against future tragedies through public
flood insurance. In addition to the short-sightedness of federal water
development policies, the major theme running through all of the events and the
responses to them is the repeated subsidization of urban and agricultural
development in the Mississippi floodplain.
Klein and Zellmer hint at a paradox at the heart of American
society’s relationship with nature. In one important sense, American notions of
progress have always been intertwined with a sense of dominion over nature. It was this hubris—one perhaps
at its apex in the first decades of the twentieth century—that underlay the
mission of controlling floods through feats of human engineering in the first
place. In another sense, however, Americans seem to recognize at some level
their powerlessness against nature.
Unfortunately, this humility tends to reach expression only following extreme “natural”
events—be they hurricanes or tornadoes, floods or wildfires, or earthquakes or
volcanic eruptions—rather than in managing for and protecting against such
events in the first place. This has fostered a socio-legal culture whereby
humans can place themselves and others at risk from natural events under the
belief of nature having been subdued, all the while escaping accountability
when nature inevitably proclaims its independence. After all, it’s not our fault.
In their conclusion, Klein and Zellmer present three axioms
that they argue should serve as the foundation for federal river development
policies, each of which have largely been ignored up to now. First, there will
be floods. Second, there will be levee failures. And third, there will be
development in floodplains absent government intervention. Accordingly, they
propose a series of sensible legal reforms aimed at doing two things: (1)
keeping people away from water rather than vice versa, and (2) providing rivers
the opportunity to flood without it being a disaster. Given our experiences
over the last century, this doesn’t seem like too much to ask.
NOTE: Law Professor Emeritus John Davidson has also published a review of this title on the
Water for Food Blog of the Robert B. Daugherty Institute at the University of Nebraska. His review can be accessed here via his USD Law Selected Works author page. 
