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STATEMENT: FEMA Wildfire Compensation Rules Fail To Follow New Mexico Law, According To New Opinion By NM Attorney General

Mar 14, 2024

New Mexico Attorney General Raúl Torrez issues opinion finding that, per New Mexico law, “damages are available to compensate nuisance and trespass plaintiffs for annoyance, discomfort, and inconvenience.”

The Coalition for Fire Fund Fairness (CFFF) – a grassroots coalition of victims of the 2022 Hermit’s Peak/Calf Canyon wildfires in Northern New Mexico – today issued the following statement on the newly released opinion of New Mexico Attorney General Raúl Torrez confirming the availability of trespass and nuisance damages to compensate fire victims for annoyance, discomfort, and inconvenience.

 

The March 7th opinion of New Mexico Attorney General Raúl Torrez is directly applicable to victims of the Hermit’s Peak/Calf Canyon wildfires of 2022. The opinion underscores that FEMA – nearly two years after the fire – continues to fail compensating fire victims for the full extent of damages allowed under New Mexico law, as required by the Hermit’s Peak/Calf Canyon Fire Assistance Act (P.L. 117-180). The Coalition for Fire Fund Fairness (CFFF) will not rest until FEMA begins to process and pay victims’ claims in full accordance with state and federal law.

The federal government-initiated Hermit’s Peak/Calf Canyon wildfires – the largest in New Mexico’s history – burned 330,000 acres of land and caused more than 25,000 people to flee their homes. Thousands remain displaced to this day, and the burn scar of the fires continue to leave our homes and communities vulnerable to catastrophic flooding. Yet, FEMA has only disbursed 10% of the $3.95 billion compensation fund and continues to reject its obligation to make timely determinations regarding submitted claims and compensate victims for the full extent of damages allowed under New Mexico law, including trespass and nuisance damages for annoyance, discomfort, and inconvenience.

 

CFFF calls on the Biden-Harris Administration to tell FEMA to urgently correct course. Nearly two years have passed, and thousands of victims remain without just compensation and relief. There is no excuse for FEMA’s delays and incompetence. Enough is enough!


For more information, please visit www.hermitspeakjustice.org.

 

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