Court of Appeals for the Ninth Circuit June 10, 1997, Nos. 94-55531, 94-55586 (National Union Fire Insurance v. United States)

*1417OPINION

KLEINFELD, Circuit Judge:

This case turns on the discretionary function exception to the federal government’s waiver of sovereign immunity for tort liability, under the Federal Tort Claims Act, 28 U.S.C. § 1346(b).

Facts

For about a half century, the Army Corps of Engineers (Corps) has developed and improved King Harbor, in Redondo Beach, California.