As reported by the Associated Press, U.S. District Judge James J. Brady ruled on July 7 that Ivor van Heerden's whistleblower claims against Louisiana State University (SLU) can move forward.
Dr. Van Heerden, coastal scientist and former Deputy Director of the LSU Hurricane Center, alleges that LSU officials fired him in retaliation for his criticism of the U.S. Army Corps of Engineers' workmanship, which led to massive and widespread levee failures during Katrina. Van Heerden claims the flagship university was worried that federal funding would be put in jeopardy.
Louisiana State University receives large federal grants from the Corps of Engineers.
Since the AP story by Cain Burdeau was a tad short on details, we interviewed Dr. van Heerden, co-founder of the now-closed LSU Hurricane Center, for this exclusive report.
LEVEES.ORG: Generally speaking what did you think when you heard this news about Judge Brady's ruling?
VAN HEERDEN: This is a stunning decision for us because the judge has acknowledged that LSU tried to stop my reporting of the Corps' faulty design of the flood protection levees and of the MRGO (Mississippi River Gulf Outlet). This is very important because the judge has determined that there is enough evidence both state and federal to proceed. Judge Brady has determined that my whistleblower rights have been violated, that is my right to speak about injustices that the government or any agency may be doing.
LEVEES.ORG: Are you claiming civil rights violation?
VAN HEERDEN: I am sure there are civil rights violations in terms of the way I was treated. But I believe Whistleblower rights are different.
LEVEES.ORG: Has discovery been completed?
VAN HEERDEN: We wrapped up discovery last week. It's been very difficult to get documents from LSU and many documents are still outstanding. But we recently were able to get access to documents which show that LSU tried to fire me in 2006 before Team Louisiana (the levee investigation led by Van Heerden and funded by the Louisiana Dept of Transportation) had really done most of its work. Memos show that LSU had gone as far as preparing a letter notifying me in January of 2006 that I was fired. Had LSU succeeded, Team Louisiana's findings would never have been published and our cooperation with the Independent Levee Investigation Team out of Berkeley California could not have happened. All of the findings of Team Louisiana and some of the findings of the ILIT would have been kept from the public.
LEVEES.ORG: Did you find any other important documents during discovery?
VAN HEERDEN: Yes. If you recall, LSU claimed they fired me due to budgetary issues. LSU claimed that its primary mission was teaching not research and that factored into the decision to non-renew my contract. However, new documents reveal that it's impossible to use the savings from my salary to cut the budget because my salary wasn't paid by the College of Engineering. The money belonged to the Office of Research controlled by the Vice Chancellor. Furthermore, no one but me was fired for these so-called budgetary reasons.
LEVEES.ORG: Judge Brady has ruled that your whistleblower claims can proceed.
What exactly does that mean?
VAN HEERDEN: When we filed suit, we claimed a number of things. LSU has been trying to get various claims dismissed one by one. I was very relieved over the latest ruling because we have been "taking it on the chin" from LSU until now. Previously, they had convinced the judge I didn't have tenure and could not have my job back. It seems to me that LSU'S strategy is to try and get Judge Brady to try this case in bits in pieces in order to circumvent a jury trial.
LEVEES.ORG: Judge Brady ruled July 7 that he will "keep the case open." What does that mean?
VAN HEERDEN: This is ongoing litigation and it's mulit faceted in federal court. We just ended the discovery period., and now we start preparing for a trial. I am not sure when the trial will be, but we are preparing for a jury trial in federal court in Baton Rouge. I am looking forward to the trial, and I can finally state my case. The ruling last week is just one ruling and specifically the whistleblower ruling.
LEVEES.ORG: This is one ruling. Not THE ruling.
VAN HEERDEN: That's right.
LEVEES.ORG: What are you hoping for?
For other people, the reason I filed this suit is so that academics like myself can speak out without fear of reprisal. First and foremost, I did this to let university administrators know they cannot get away with it.
Second, my reputation has been irreparably damaged. Because if you get fired, that doesn't happen every day. And to be the only one fired looks bad. LSU tried even using the New York Times and the New Orleans Times Picayune to debase my qualifications. And more than once. And so it's impossible for me to find an academic position in Louisiana. Naturally I am concerned about my future, employment, health care, my children. LSU owes me compensation. And if there is a settlement, I will request that LSU acknowledge Mark Levitan, and all the hard working staff of the LSU Hurricane Center. These people gave so much time and effort during the months after the levees failed, and not one of them ever got even one word of thanks from LSU. LSU must honor these people.
LEVEES.ORG: When I post this interview on our Levees.org blog, I am going to include that cartoon by Fred Mulhearn that depicts robed LSU officials tossing you off the boat.
VAN HEERDEN: (Laughter)
LEVEES.ORG: Cain Burdeau of the AP described Judge Brady's July 7th ruling as providing a 'glimmer of hope.' Is that accurate?
VAN HEERDEN: Well I think it's a whole lot more than a glimmer of hope. This is just one part. As I mentioned, the discovery is going extremely well. We now know LSU tried to fire me in Jan 2006.
LEVEES.ORG: LSU declined to comment for the story. What do you think of that?
VAN HEERDEN: Well, that's their right. But as long as they felt they were winning, they were making the most of media. Now things may be going the opposite way, and LSU is shying away from media.
LEVEES.ORG: What is the status of AAUP (Association of American University Professors) investigation of your firing? Have you heard any word?
VAN HEERDEN: Yes, I have. They are expected to issue their final report on July 19th. I have seen a draft and I believe they did a good thorough job. I believe the information in the report will surprise a lot of people. And I don't believe the information will be very flattering of LSU. I can tell you they will be bringing some things to light that have not ever before been in the media.
LEVEES.ORG: Just one last question, Ivor because we hear this question constantly. As a consultant in the MRGO lawsuit, can you give us any update on the MRGO lawsuit appeal?
VAN HEERDEN: As far as I know, the Corps of Engineers, which was found guilty of negligent maintenance, has filed an appeal. The case is working its way through the appeal circuit. A panel of judges is reviewing Judge Stanwood Duval's decision. The lawyers on the case say the appeal is based on facts of law, not science. The appeal court judges are reviewing whether Judge Duval conducted his trial properly.
LEVEES.ORG: Thank you for your time and good luck!
VAN HEERDEN: Thank you.
Follow Sandy Rosenthal on Twitter: www.twitter.com/LeveesOrg
Ivor van Heerden was punished for speaking his mind and his right to due process was denied, the American Association of University Professors said. Van Heerden was fired in 2009 after he linked the flooding that followed the storm to shoddy levee work by the U.S. Army Corps of Engineers. He had been with the school since 1992.
http://www.cbsnews.com/stories/2011/08/01/ap/business/main20086473.shtml
http://www.nola.com/katrina/index.ssf/2005/08/nagin_orders_first-ever_mandatory_evacuation_of_new_orleans.html
http://abcnews.go.com/Archives/video/aug-28-2005-mandatory-evacuation-nola-11461127
the levee failures, no one has mentioned Mr. Nagins plea that the levee would likely topple. It is certainly suspect.
CNN
Nagin warned that Katrina's expected storm surge -- which could top 28 feet -- would likely topple those levies.
New York Times
Mr. Nagin said, Hurricane Katrina could bring 15 inches of rain and a storm surge of 20 feet or higher that would "most likely topple" the network of levees and canals that normally protect the bowl-shaped city from flooding.
"...while many of those who remained behind had little choice in the matter, many others reasoned that they could ride out the hurricane in their own homes. It is another easily overlooked fact that those people were, for the most part, quite right in their calculations. No one ever ever asked them to evacuate on the grounds that the levees and flood walls were about to fail, and those who concluded that they could withstand the storm were essentially correct in their thinking. Unfortunately, they were struck low by events that had not been foretold in even the most desperate of warnings"
Freudenburg et al, "Catastrophe in the Making" (Island Press, 2009) 19-20.
"The city has avoided a direct hit from a powerful storm since Hurricane Betsy in 1965. In addition to the dangerous winds, Mr. Nagin said, Hurricane Katrina could bring 15 inches of rain and a storm surge of 20 feet or higher that would "most likely topple" the network of levees and canals that normally protect the bowl-shaped city from flooding.
http://www.nytimes.com/2005/08/29/national/29storm.html
http://articles.cnn.com/2005-08-28/weather/katrina.neworleans_1_nagin-kathleen-blanco-shelters?_s=PM:WEATHER
My point about the comments below is Sandy Rosenthal always said no one expected the levees to fail. Thats not true, Dr. Masters and Dr. Heerden expected devastating flooding in the city of New Orleans.
“The area from New Orleans to the Mississippi-Louisiana border is going to get a catastrophic blow. I put the odds of New Orleans getting its levees breached and the city submerged at about 70 percent This scenario, which has been discussed extensively in literature I have read, could result in a death toll in the thousands, since many people will be unable or unwilling to get out of the city. I recommend that if you are trapped in New Orleans tomorrow, that you wear a life jacket and a helmet if you have them,” states Jeff Matthews, meteorologist with the Weather Underground, a popular web-based weather service. Masters notes: “Katrina [is] the fourth strongest hurricane ever, and the strongest hurricane ever observed in the Gulf of Mexico, surpassing Camille.… Katrina has continued to expand in size, and now rivals Hurricane Gilbert and Hurricane Allen as the largest hurricanes in size. When hurricanes reach such enormous sizes, they tend to create their own upper-air environment, making them highly resistant to external wind shear.… Katrina is so huge and powerful that she will still do incredible damage even at this level.” Recognizing that he has focused primarily on New Orleans. ” Masters ends by urging readers to pray for those in Katrina’s path. (Masters 8/28/2005)
Ivor Van Heerden, a scientist at the LSU Hurricane Center tells the Time-Picayune that the storm surge from Hurricane Katrina will weaken the Lake Pontchartrain levees and cause additional overtopping: “The bottom line is this is a worst-case scenario and everybody needs to recognize it,” he said. “You can always rebuild your house, but you can never regain a life. And there’s no point risking your life and the lives of your children.” [TIMES-PICAYUNE BLOG, 8/27/2005]
Around 7 pm this evening, LSU Hurricane Center scientists share their latest prediction models with emergency officials at the Emergency Operations Center in Baton Rouge. On the giant screen looming over the officials, scientists post the sum of all fears: New Orleans will go under. Everyone knows what that means: a major water rescue of untold thousands. (Ripley 9/4/2005) The model predicts that Katrina’s storm surge may weaken and overtop New Orleans’ levees, causing massive flooding of Plaquemines Parish, New Orleans’ 9th Ward, Michoud area, and Mid-City, as well as large parts of Slidell. (Schleifstein 8/27/2005; Bradshaw 8/27/2005) The Times-Picayune will publish the projected storm surge map the next morning. (Times-Picayune 8/28/2005 ) Reportedly, the Center also e-mails their modeling results to state and federal agencies, including the National Hurricane Center. (MSNBC 9/9/2005)
Today we awarded another Seal of Approval to Mark Schleifstein, decorated senior reporter for the New Orleans Times Picayune.
http://www.nola.com/katrina/index.ssf/2011/07/new_orleans_judge_tentatively.html
Lets not falsify history.
And duyerah, you don't seem to have point with your two above comments.
It is sad in this country that academic institutions have been lowered to the level of courtesans for the federal Agencies and major Corporations.
My warm congratulations and encouragements to Dr. van Heerden and his former team - I also encourage everybody to help and follow up the work of levees.org, that taught me much of what I have discovered about the New Orleans man-made disaster.
We definitely need whistle blowers in these corrupted times.
LSU is no different than many other major universities whose funding determines its academic quality.
For LSU it's assisting ACE in covering up its sins. For Penn State it's assisting oil companies in covering its sins.
Big corporations and federal agencies have bought legitimacy of their actions in their purchase of colleges and universities.
http://www.wwltv.com/news/Corps-again-using-floodwall-design-that-failed-in-Katrina.html
http://www.nola.com/hurricane/index.ssf/2010/10/levee_officials_consider_doubl.html
For the answer to your question, we suggest you contact the individuals who led the movement and garnered support for it.
It's irrelevant who combined their efforts to craft the new levee board or for me to contact them. I asked in an earlier post if the SLFPA South Louisiana Flood Protection Authority-East gets a Seal Of Approval from Sandy and Levee dot org. Your questionable response was Levees.org issues “Seals of Approval’ to reporters and journalists who properly characterize the flooding in metro New Orleans as due to levee failure rather than blaming the flooding on Hurricane Katrina which ultimately protects the human beings involved. That was misleading and untrue. Levees dot org issued a Seal of Approval to the New Orleans Saints football coach Sean Payton Aug 5th 2010 and New Orleans Mayor Mitch Landrieu May 4th 2011.
What were looking for is the truth when it comes to our Levees and flood protection.
Why can't you share with those who have suffered from the levee failures and for those
who may, one day suffer from a levee failure. Is the New Levee Board doing a great job
or are they a rubber stamp for the Corp?
Pre Katrina, the Levee Board was governed by the Politicians and the Corps was governed by the Levee Board. How can we make sure New Orleans get the safe levees we deserve when some are afraid of repercussions from political boards.
Post Katrina- Who is governing Who?
Paul Harris
Author, "Diary From the Dome, Reflections on Fear and Privilege During Katrina"