Continuing tort v. continuing injury

The plaintiffs in Young v. United States alleged that the Interior Department negligently prepared two studies which led to flooding along Interstate 12 in Louisiana, bringing federal litigation in 2008 when the last major flood was in 1983.  No. 13-30094 (August 21, 2013).  Plaintiff argued that the “continuing tort” doctrine saved the claim from limitations because the improperly-designed highway remained in place. The Fifth Circuit affirmed dismissal, noting two controlling Louisiana Supreme Court cases.  The first, Hogg v. Chevron, involved leaking underground gasoline storage tanks and “rejected the plaintiffs’ contention that the failure to contain or remediate the leakage constituted a continuing wrong, suspending the commencement of the running of prescription . . . [explaining] that ‘the breach of a duty to right an initial wrong simply cannot be a continuing wrong that suspends the running of prescription, as that is the purpose of every lawsuit and the obligation of every tortfeasor.'” 45 So.3d 991 (La. 2010).  Similarly, the second held: “[T]he actual digging of the canal was the operating cause of the injury[, and t]he continued presence of the canal and the consequent diversion of water from the ox-bow [were] simply the continuing ill effects arising from a single tortious act.”  Crump v. Sabine River Authority, 737 So.2d 720 (La. 1999).