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Land Use Law Report, Volume 46, Number 3, March 2018

Federal Emergency Management Agency (FEMA) cases


FEMA Must Reimburse For Differing Conditions On Repair Project

Friday, February 23, 2018

Background: In 2005, Hurricane Katrina flooded the Templeman detention facility in New Orleans. In 2006, FEMA issued a project worksheet for repair work necessary to return portions of the facility to pre-disaster condition. Orleans Parish Sheriff’s Office (OPSO [...]

Federal Flood Insurance Law Preempts State Challenges To FEMA Methods

Friday, February 23, 2018

Facts: The Federal Emergency Management Agency (FEMA) hired Dewberry & Davis, LLC (Dewberry) to provide a hydraulic model of land along the Congaree River in South Carolina. FEMA used the model to reassess its flood elevation maps. Relying on Dewberry&rsquo [...]

FEMA’s ‘Phased Approach’ To Historic Preservation Review Is OK

Friday, February 23, 2018

Facts: Hurricanes Katrina and Rita severely damaged Holy Cross College, Inc. (Holy Cross) in New Orleans’ Lower Ninth Ward. Holy Cross applied for Federal Emergency Management Agency (FEMA) Public Assistance funds to build a new campus in the Gentilly neighborhood [...]

Comments On An EIS Must Timely State The Significance Of The Alleged Mistake

Friday, February 23, 2018

Facts: Karst Environmental Education and Protection, Inc. (Karst Environmental) challenged a decision by the Federal Highway Administration (Highway Administration) to build a connector road linking I-65 and U.S. 31 in Kentucky. The proposed route would cut [...]

FEMA Withheld Project Approval, So County Withheld Payment

Friday, February 23, 2018

Facts: Chambers County, Texas contracted with Pelco Construction Company (Pelco) to rebuild a firehouse. The project was to be funded by the Federal Emergency Management Agency (FEMA), but at some point after performance had already begun, Pelco was ordered [...]

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