Central Green Co. v. United States

Summary

Justice Stevens, writing for a unanimous Court, held that immunity under 33 U.S.C. § 702c depends on the character of the waters causing the damage and the purposes behind their release, not merely on the connection between the damage and a federal flood control project. The Court disavowed the contrary portion of the dicta in United States v. James while preserving that decision’s holding. Because the canal’s connection to a multipurpose flood control project did not establish immunity for all water flowing through it, judgment on the pleadings was improper. The Court reversed and remanded without deciding whether flood waters actually caused the alleged damage. There were no separate opinions.