23-04-2025
New Mexico Highlands University sues FEMA over HPCC Fire compensation
LAS VEGAS, N.M. (KRQE) – It's been just over three years since the most destructive wildfire in New Mexico's history. The Federal Emergency Management Agency, known as FEMA, promised to compensate those impacted by the Hermits Peak Calf Canyon Fire. But some say they're taking too long. 'One hundred percent. This is about accountability,' said Brian Colón, Former New Mexico State Auditor and Managing Partner at Singleton Schreiber.
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In April 2022, the U.S Forestry Division conducted a prescribed burn outside of Las Vegas. But a combination of windy weather and a spark from a sleeper fire quickly became what is now known as the Hermits Peak Calf Canyon fire. 'Three years and two weeks ago, the federal government committed acts of negligence in the way that it executed on a controlled burn in northern New Mexico. As a result, hundreds of thousands of acres were lost in northern New Mexico. People lost their homes,' said Colón.
The federal government took responsibility for the destruction, and New Mexico's Congressional delegation led the charge in creating the Hermit's Peak Calf Canyon Fire Act, which appropriated over $5 billion to compensate victims. 'And they did so with an intent that the victims of the Herman's Peak Calf Canyon Fire Act would quickly be compensated for what they'd been through. Unfortunately, this process, because of FEMA, has been anything but quick,' said Colón.
In the most recent lawsuit against FEMA, New Mexico Highlands University, located in Las Vegas, claims the agency is making them jump through unnecessary hoops. 'FEMA, their agency, is actually saying, no, no, you have to use this different process first,' said Colón.
FEMA is asking the university to submit its claims through the Stafford Act, which pre-dates the fires and works as a public assistance program. 'That act actually requires entities to actually advance funds and then be reimbursed. That was never contemplated under the Hermits Peak Calf Canyon Fire Act,' said Colón.
'FEMA has set forth some arbitrary rules about what has to happen before New Mexico Highlands can be compensated. And we're done,' said Colón.
They're choosing to let a judge make the decision, 'No one is going to be personally enriched by this claim. It's straightforward. It ought to be processed by FEMA, and it should be paid.'
Under the Hermits Peak Calf Canyon Act, FEMA is required to pay out victims within 180 days, but attorney Brian Colón said he has other clients who are still waiting to see any of that money. 'Three years is too long. People who've been waiting on determinations for more than 360 days, it's embarrassing,' said Colón.
While FEMA does not comment on pending litigation, it did report that it paid out roughly $2.25 billion for over 16,000 claims. As of the March 14 deadline, FEMA has received roughly 20,000 claims.
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