Historically, the courts have had little involvement in review of the Federal Emergency Management Agency's (FEMA) decisions regarding the billions of dollars of federal disaster recovery funding that FEMA administers...more
The Federal Emergency Management Agency's (FEMA) Public Assistance Appeals and Arbitrations regulation at 44 C.F.R. § 206.206 will change on January 1, 2022. Recipients and subrecipients should be prepared for changes in...more
An applicant's right to appeal an adverse Federal Emergency Management Agency (FEMA) Determination can be found in Section 423(a) of the Stafford Act, as implemented by FEMA in 44 C.F.R. § 206.206. Paragraph 206.206(a)...more
The Stafford Act and Federal Emergency Management Agency (FEMA) regulations require FEMA to adjust several programmatic thresholds and indicators each year to reflect changes in the Consumer Price Index for All Urban...more
On June 2, 2021, the Federal Emergency Management Agency (FEMA) issued version 2 of its policy on Stafford Act § 705, Disaster Grant Closeout Procedures. Stafford Act § 705 (42 U.S.C. § 5205) contains two important...more
On October 10, 2020, FEMA published a proposed revision to its existing policy for implementation of Stafford Act § 705, Disaster Grant Closeout Procedures. FEMA seeks comment on the proposed policy by December 10, 2020....more
One of the major sticking points for the most recent round of stimulus negotiations was what to do about the expansion of unemployment compensation benefits under the Coronavirus Aid, Relief, and Economic Security (CARES)...more
Indian tribal governments have the inherent power to declare states of emergency on tribal lands to protect the health and welfare of tribal members, and a number of tribes have issued emergency declarations under tribal law...more
On March 13, 2020, President Donald Trump declared a national emergency in response to the COVID-19 (commonly referred to as coronavirus) pandemic. In doing so, he relied on provisions in the Robert T. Stafford Disaster...more