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HOUSTON, TX, UNITED STATES, April 30, 2026 /EINPresswire.com/ — Williams Hart & Boundas, LLP and Easterby Law announce a landmark ruling in the Downstream Addicks and Barker litigation (Case No. 17-9002L) in which a federal court found that the U.S. Army Corps of Engineers committed a taking of plaintiffs’ property under the Fifth Amendment. The ruling clears the path to damages proceedings estimated in the hundreds of millions of dollars for our clients.
The Federal Court of Claims granted summary judgment in favor of plaintiffs, allowing the case to proceed to the damages phase. The Downstream litigation concerns properties allegedly damaged after reservoir releases during Hurricane Harvey in 2017, while the related Upstream litigation involved properties inundated behind the dams because the government mismanaged the reservoir release timings.
In a detailed 48-page opinion, the Court found that plaintiffs established both a temporary and permanent taking. The Court entered judgment in favor of plaintiffs on liability and denied the government’s motions for summary judgment. This ruling follows the legal reasoning established in the related Upstream case, which was affirmed by the U.S. Court of Appeals for the Federal Circuit in December 2025.
“This ruling marks a significant milestone in the Downstream litigation. By granting summary judgment on liability, the Court has cleared the path for plaintiffs to move forward and seek full compensation after years of litigation,” said Armi Easterby, founding partner of Easterby Law.
Hurricane Harvey placed extraordinary pressure on the Addicks and Barker system, and the resulting litigation has focused on whether the federal government’s flood-control decisions knowingly shifted catastrophic losses onto private property owners because the government planned to flood these properties for years rather than take the appropriate flood control measures to prevent the need to flood private land.
With liability now determined, the case will move into the damages phase, where the Court will evaluate compensation owed to plaintiffs.
“For downstream property owners, this judgment shows the government knew it was sacrificing their land and rights. For downstream property owners, it means their years of suffering were not in vain. Justice now requires full compensation,” said Sean McCarthy, partner at Williams Hart & Boundas, LLP.
Williams Hart & Boundas, LLP, working in partnership with Easterby Law, continues to play a leading role in this complex litigation, representing property owners affected both upstream and downstream of the Addicks and Barker reservoirs following Hurricane Harvey. Their legal team is actively analyzing the Court’s opinion and preparing for the next phase of proceedings. Read more about the impact of this decision in the firm’s latest update.
About Williams Hart & Boundas, LLP
Williams Hart & Boundas, LLP is a nationally recognized trial law firm based in Houston, Texas, representing clients in complex, high-stakes litigation involving catastrophic injuries, mass torts, and large-scale disputes. With over 40 years of experience and billions recovered for clients, the firm is known for its trial-ready approach and commitment to achieving results in challenging cases.
About Easterby Law
Easterby Law is a litigation firm representing clients in complex legal matters, including cases involving government action and large-scale disputes.
Toi Ames
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