NEWS
State files lawsuit against FEMA over emergency response tab for Calf Canyon/Hermits Peak burn scar
Gov. Lujan Grisham blasts agency's refusal to foot $61 million bill as 'unconscionable'
Published
Modified
SANTA FE 鈥� Four years after a massive wildfire charred a huge swath of northern New Mexico, the fight over payment for ongoing emergency response efforts has landed in federal court.
Gov. Michelle Lujan Grisham鈥檚 administration on Tuesday filed a lawsuit in U.S. District Court against the Federal Emergency Management Agency for denying 鈥� on two separate occasions 鈥� the state鈥檚 request for $61.6 million to fund New Mexico National Guard deployments in the Calf Canyon/Hermits Peak burn scar.
The requests, which were denied by FEMA last year, were intended to help pay for guard-related flood control, debris management and other emergency costs over a 10-year period ending in 2034, according to the lawsuit.
The lawsuit also claims the funding request was made after a 2024 workshop attended jointly by FEMA administrators and state Department of Homeland Security and Emergency Management officials.
鈥淣orthern New Mexicans shouldn鈥檛 have to worry about their safety every time it rains,鈥� Lujan Grisham said in a statement. 鈥淭hey were already the victims of a fire started by the federal government, and now they鈥檙e the victims of a federal bureaucracy more interested in finding ways to say 鈥榥o鈥� than ways to keep people safe.
鈥淚t鈥檚 unconscionable that FEMA refuses to pay for a National Guard response that must continue for many years due to federal negligence,鈥� the governor added.
FEMA has faced criticism for its pace in distributing more than $5 billion that was appropriated by Congress to compensate New Mexicans impacted by the largest wildfire in the state鈥檚 history.
As of July, the federal agency had distributed slightly more than $3.5 billion of the total allocated amount, and FEMA officials have insisted claims have been prioritized for families and businesses most impacted by the wildfire and subsequent flooding.
The Calf Canyon/Hermits Peak wildfire burned more than 340,000 acres near Las Vegas in 2022, destroying more than 900 structures and prompting widespread evacuations. Over the last four years, area residents have faced lingering concerns over flash flooding and water quality issues.
The U.S. Forest Service has also faced criticism for its role in the wildfire, as the blaze began as a prescribed burn but spread out of control in high winds.
Over the last several years, Lujan Grisham has issued hundreds of executive orders in response to wildfires and floods around New Mexico. Some of those orders have authorized National Guard deployments.
That deluge of executive orders 鈥� and their accompanying price tag 鈥� has generated concern among some lawmakers, but the governor vetoed a bill earlier this year that would have changed the state鈥檚 process for responding to natural disasters.
Meanwhile, a Mississippi-based attorney in disaster recovery and government contracting cases will represent the state in its lawsuit against FEMA, court records show.
A spokeswoman for FEMA鈥檚 Calf Canyon/Hermits Peak Claims Office did not immediately respond to questions Tuesday about the state鈥檚 lawsuit.
Dan Boyd covers state government and politics for the Journal in Santa Fe. Follow him on X at @DanBoydNM or reach him via email at dboyd@abqjournal.com.
