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Update on Federal Disaster Reform: Efforts to "Rebalance" FEMA's Role

Though there is continuing debate on the underlying cause(s), data clearly supports that natural disasters are occurring with increasing frequency and at a greater cost to the American public (whether personally or through...more

2024 Hurricane Season: Top Ten Tips

We are one month into the 2024 Atlantic Hurricane Season and already have our first named storm, with significant impacts across some portions of the Gulf States. We have seen a Governor declared emergency in Texas and a...more

Impending Supreme Court Ruling on Chevron Deference: Impact on FEMA Dispute Resolution

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

Don't Take FEMA Closeout Deobligations Lying Down

As the 2023 Hurricane season continues, the depleting Disaster Relief Fund isn't the only thing that participants in FEMA's programs should be concerned about. The increased focus on the rising costs of disasters and the...more

Inconsistency Between FEMA's Appeal Policy and Appeal Regulations Proves Fatal to Appeal – and How to Avoid a Similar Fate

In June, FEMA issued a second appeal decision that seemed incorrect, so we looked into it. The decision – available here – denied a Public Assistance second appeal filed by the East Boulder County Water District (District),...more

Filing a FEMA Public Assistance Appeal: The Real-Life Saga of Goldilocks and the Three Bears

Many of us can recall the famous tale of "Goldilocks and the Three Bears": A girl wanders into a home and tries multiple things, rejecting them until she finds the one that is just right. Appealing an unfavorable FEMA Public...more

COVID-19 PANDEMIC: Extension of PHE and Impact to FEMA Claims

On October 13, 2022, the Secretary of the U.S. Department of Health and Human Services (HHS), Xavier Becerra, once again renewed the declaration of a Public Health Emergency (PHE) under the Public Health Service Act due to...more

Hurricane Ian: Declaration Updates – Applying for FEMA Public Assistance

It has now been two weeks since Hurricane Ian made its historic landfall on the west coast of Florida as a Category 4 hurricane, tying with several other storms as the fifth-strongest hurricane on record to make landfall in...more

New FEMA Clarification Regarding Codes & Standards Requirements

On September 28, 2022, FEMA issued a memorandum to Regional Administrators clarifying the agency's 2019 list of approved codes, specifications, and standards that may be required for Public Assistance-funded projects. This...more

10/7/2022  /  Disaster Aid , FEMA , Public Assistance

Hurricane Ian: Preparing for Public Assistance

Our thoughts are with our colleagues, clients, and friends affected by Hurricane Ian as it continues to wreak havoc on the State of Florida. At this time, safety of residents, search and rescue, and support of critical...more

DEADLINE TODAY: FEMA Produces First Substantive Proposed Approach on Duplication of Benefits for Hospitals

On September 6, 2022, FEMA publicly released its "Proposed Approach" for dealing with the potential duplication of benefits (DOB) of patient care revenue to public assistance grants. Before this date, FEMA policy statement on...more

BREAKING: FEMA Sets Deadlines Applicable to Pandemic Claims

On April 1, 2022, new information was released regarding the final date that Federal Emergency Management Agency (FEMA) will accept new applicants into its Public Assistance (PA) Program and setting a deadline for submission...more

Top Ten Louisiana Tips for Hurricane Ida Recovery

The extensive destruction left by Hurricane Ida is simply astonishing; the trail of impact from South Louisiana all the way through to New York and New Jersey is unprecedented. Recovery from the damage to infrastructure will...more

FEMA Seeks Comment on Proposed Change to Disaster Declaration Criteria

Just before the holidays, FEMA published an 86-page notice of proposed rulemaking in the Federal Register regarding a change to the "Estimated cost of the assistance" disaster declaration factor that FEMA uses to review a...more

CBCA 6822-FEMA; In the Matter of FLORIDA KEYS ELECTRIC COOPERATIVE Emergency Procurement; Reasonable Costs

Documentation Critical to Florida Utility's FEMA Reimbursement Arbitration - A Panel consisting of Judges Beardsley, Drummond, and Russell has determined the Florida Keys Electric Cooperative is entitled to partial...more

CORONAVIRUS: Recent Policy and Guidance Updates on FEMA Public Assistance

Building upon our prior alerts for the COVID-19 Pandemic, including guidance on eligible medical care costs and alternate care sites, the FEMA streamlined application and specific tips for hospitals and other medical...more

FEMA Releases "Streamlined" Project Application in 33-Page Guidance Document

The President has now approved 56 major disaster declarations under the Stafford Act, one for each of the 50 states, five territories, and Washington, D.C., giving FEMA the authority to reimburse eligible applicants for costs...more

Coronavirus: FEMA Simplifying the Public Assistance Process to Expedite Payment

While communities that regularly experience natural disasters like hurricanes, tornadoes, and earthquakes are familiar with FEMA's Public Assistance process, the President's recent declaration of a nationwide emergency under...more

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