Hermit’s Peak/Calf Canyon Fire
ALBUQUERQUE, N.M. - A federal judge won't change his mind that the federal government needs to pay emotional damages to plaintiffs whose New Mexico properties were damaged by the largest wildfire in state history.
The Federal Emergency Management Agency (FEMA) asked Judge James Browning to alter his December judgment that said noneconomic damages are on the table from a $4 billion fund for victims of the 2022 Hermit's Peak/Calf Canyon Wildfire, overseen by FEMA.
That fire started as two separate burns and both were started by the U.S. Forest Service, which lost control of them. Two became one, and the fire burned more than 340,000 acres and destroyed more than 900 structures, leading Congress to enact the Hermit's Peak/Calf Canyon Fire Assistance Act (HPFAA).
New Mexico law allows for noneconomic damages in nuisance and trespass claims, and though HPFAA precluded them, it also was written so that the laws of that state applies to claims.
"The Court does not mandate that FEMA bypass the claim evaluation process and indiscriminately award noneconomic damages," Browning wrote. "Additionally, at no point do the plaintiffs' request that FEMA skip the standard claim evaluation process.
"When the Court compels FEMA to award noneconomic damages under the Hermit's Peak Act, the Court does so with the understanding that FEMA must still conduct its usual process to determine whether each individual claimant should receive noneconomic damages."
Dozens of people sued FEMA in New Mexico federal court after receiving less than they wanted from the FEMA fund and scored a key ruling from Browning last year when he said noneconomic damages should've been included, where appropriate.
FEMA said the fire was not a nuisance because under New Mexico law, a prescribed burn is considered in the public interest.
Of course, this prescribed burn blazed far beyond what the Forest Service intended.
"By concluding that prescribed burns are ultrahazardous activities and that the Forest Service's handling of the HPCC Fire was negligent and reckless - particularly without record evidence or the litigation of this issue - the opinion may deter the government and others from crucial efforts to reduce fire risks," FEMA says.
