Addicks-Barker Upstream Harvey Case: Government Ends Its Appeals
On September 4, 2026, the federal government let its window to ask the U.S. Supreme Court to review the Addicks and Barker upstream flooding case close without filing, according to the property owners’ lead counsel. That leaves the Federal Circuit’s December 22, 2025 decision in Ablan v. United States, which held the government liable for taking a permanent flowage easement over private property upstream of the two dams during Hurricane Harvey, as the final word on liability. Nine years after the storm, the case moves to deciding how much each owner is paid. Here is what the ruling settled, what is not compensable, how the compensation process is expected to work, and which questions belong with a lawyer.
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