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Who's in Charge?
How the Law Impacts Chain of Command in Regional Disaster Situations

by Tammi F. Franke

Contact
Tammi Franke
Phil Hewes
Fitzgerald & Hewes LLP
550 West Van Buren Street
Suite 1450
Chicago, IL 60607
312-447-2900

Abstract
Hurricane Katrina on the Gulf Coast of the United States raised many disaster response issues. The coordination of federal, state and local governments’ response was a major issue in the days and weeks following the disaster. At best, government officials seemed confused about their roles and responsibilities, which quickly disintegrated into finger pointing and blame-passing.

Private businesses trying to recover quickly from a regional disaster can be adversely impacted if the governmental chain of command is not clear in a postdisaster environment. Issues such as looting, debris removal, access to restricted areas and restoration of critical infrastructure services are real issues when resuming normal business operations at a company’s home location. Understanding which governmental entity has authority for a particular operation during emergency management and recovery efforts can aid businesses in getting back to normal operations as soon as possible.

This paper outlines how the law impacts the operating authority of federal, state and local governmental agencies operating in a regional disaster area.

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