Where Will the Pieces Land? Ideker Farms and the Future of River Management

September 2, 2026

I was recently asked to speak at the 2026 Annual Meeting of the National Waterways Conference, a national trade group advocating in the areas of navigation, flood control, and water supply. Specifically, I was asked to speak on the effects of the 2023 Federal Court of Appeals decision in Ideker Farms v. United States. In some ways, Ideker has picked up the whole game board of potential liability from government action in river and water management, given it a good shake, and dropped it again on the table. Some of the pieces on that game board are still rolling around as a result and haven’t come to rest, but those pieces that have already landed are suggesting that government liability will be much more likely.