FEMA

News & Analysis as of

INcatastrophes

On August 12, 2016, Louisiana Governor John Bel Edwards declared a state of emergency in response to historic flooding in Louisiana. The state of emergency is set to expire on Monday, September 12, 2016. The most recent...more

Improving Waterfront Property: Challenges to the Fifty Percent Rule are Strictly Construed

Anyone working in waterfront construction long enough has a story (or knows someone who does) about pulled permits or burdensome local rules and regulations which may turn a waterfront dream renovation into a nightmare....more

Nationwide EAS Test Now Just One Month Away

As the summer winds down and the weather cools off, action around the Emergency Alert System (“EAS”) is heating up. Hopefully by now, if you are an EAS participant, which includes all cable television systems, radio...more

Disaster Recovery: Navigating FEMA's Cumbersome Financial Assistance Rules

The 2016 Atlantic hurricane season officially began on June 1, and will end on November 30. Hilary S. Cairnie offers his views on the Federal Emergency Management Agency’s (FEMA) policies for reimbursement of disaster...more

Nationwide EAS Test Comes With a “To Do” List for Broadcasters and Other EAS Participants

Those trying to keep up with the news surrounding the upcoming nationwide test of the Emergency Alert System (“EAS”) know that a lot has been happening in a short period of time. Below, we pull together the many recent FCC...more

EPA Issues Final Rule Implementing Formaldehyde Emission Standards

Final rule seeks to reduce exposure to formaldehyde vapors by establishing emission standards and labeling requirements for certain wood products. Six years after the passage of the Formaldehyde Emission Standards for...more

EAS Test Reporting System Deadline Fast Approaching

All Emergency Alert System (“EAS”) Participants must complete EAS Test Reporting System (“ETRS”) Form One on or before August 26, 2016. This would include all cable television systems, TV stations, radio stations and low...more

DoD, GSA, NASA: New Contract Proposal Registration Rule

Friday morning, May 20, 2016, the Department of Defense, the General Services Administration, and NASA issued a proposed rule to clarify that prospective government contractors must register with the System for Award...more

Proposed EAS Rules Mark a Greater Role for New Media Platforms and Increased Importance for Social Media in Delivering EAS Alerts

The Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking (“NPRM” or “Proposed EAS Rules”) in January, proposing improvements to the Emergency Alert System (“EAS”) and Wireless Emergency Alerts...more

Update on the U.S. Supreme Court’s Inclusive Communities Decision

As previously reported on this blog, the U.S. Supreme Court’s decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project, Inc., 135 S. Ct. 2507 (2015) adopted a burden-shifting approach to...more

President Obama's FY17 Budget Request Proposes New Energy and Environmental Allocations

The President has unveiled his fiscal year 2017 budget request for the federal government. The figures are ambitious in the way that only a president in his last term would propose, and the budget includes numerous funding...more

New Flood Hazard Maps Released for Boston

After several years of study and an appeal by the City of Boston, the Federal Emergency Management Agency (FEMA) has updated Flood Insurance Rate Maps (FIRMs) for Boston, Chelsea, Revere and Winthrop, which become effective...more

First Floods of 2016: Insurance Recovery Tips for Midwestern Businesses

The beginning of 2016 brought floods to the Midwest—and, tragically, loss of life and extensive property damage. With the floodwaters now receding and cleanup underway, affected businesses should consider obtaining insurance...more

Will You Be Covered Should El Niño Arrive?

After years of drought, California is now receiving warnings that this may be an El Niño winter. The threat of El Niño brings with it the concerns of significant rain fall and resultant flood losses. Unfortunately, most...more

First Circuit Withdraws Earlier Opinion in Location-Based Discrimination Case; Issues Less Expansive Amended Opinion

In August, we wrote about the First Circuit Court of Appeals’ decision in Abril-Rivera v. Johnson, which affirmed a lower court ruling dismissing location-based discrimination and retaliation claims against FEMA. Last week,...more

South Carolina’s 1,000-Year Flood Requires Immediate Recovery Action

South Carolina was recently pummeled by a devastating storm that Governor Haley described as happening “once in a thousand years.” Compounding the resultant flooding, many dam breaks exacerbated the catastrophic losses South...more

Disaster Preparedness and Your Taxes

If you live on the East Coast of the United States, you are probably following the weather forecast for Hurricane Joaquin very closely. If you are also filing your U.S. income taxes on extension and are trying to make the...more

First Circuit Says Plaintiffs Cannot Prevail on Location-Based Discrimination Claims Based on a Disparate Impact Theory

Recently, the First Circuit Court of Appeals held that former employees of a FEMA call center could not proceed in their Title VII location-based disparate impact and retaliation claims against the agency. The case,...more

What’s the Alternative?

FEMA Employees sued when FEMA closed its Puerto Rico-based call center. The call center was originally a “temporary” center set up to address calls from Spanish-speaking victims of a hurricane. The leased facility was...more

Development in Areas Prone to Flooding

Development in flood prone areas is regulated by a combination of federal, state and local regulations to reduce the possibility of loss of life and property, and to reduce the cost associated with development and rebuilding...more

Floods in Texas, Flood Mapping, Flood Dollars

Floods on the Rio Blanco these past few days demonstrate the link to climate change, but not in the way you think. It was a horrible Memorial Day weekend in Hays County, Texas. At least three people died from the worst...more

Money, Dirt & Steel: 2014-2015 NC Real Property Litigation Update

A snapshot of noteworthy cases from the past year related to lending practices, property rights and construction in North Carolina. Money - Lending: Comprehensive waiver language in loan workout...more

Preparing for an Active Shooter Incident in a Health Care Facility

The Ober|Kaler Health Care General Counsel Institute presented this webinar discussion of key considerations in addressing an active shooter situation, including specific considerations within health care facilities. Not only...more

Court Affirms FEMA’s Efforts to Implement Actions to Avoid Jeopardizing Listed Species

On October 23rd the Federal District Court for the Western District of Washington upheld the Federal Emergency Management Agency’s (FEMA) National Flood Insurance Program’s (NFIP) compliance with a 2008 reasonable and prudent...more

Louisiana Court Upholds Proof Of Loss Requirement Of Standard Flood Insurance Policy

n Villemarette v. FEMA et al., 2014 U.S. Dist. LEXIS 113667 (E.D. La.), the court analyzed whether plaintiffs were entitled to unpaid proceeds of a Standard Flood Insurance Policy (SFIP). Plaintiffs’ policy had coverage...more

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