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10 States File Suit Against FEMA Over Risk Rating 2.0

On June 1, 2023, the Attorney General of Louisiana, and ten states in total, filed suit against FEMA.  Plaintiffs include the States of Louisiana, Florida, Idaho, Kentucky, Mississippi, Montana, North Dakota, South Carolina, Texas, and Virginia.  Additional plaintiffs include 43 Louisiana Parishes and many Louisiana levee districts.

The complaint argues that FEMA’s implementation of Risk Rating 2.0 is:

  • Arbitrary & capricious
  • In violation of the Administrative Procedure Act (APA)
  • Exceed FEMA’s statutory authority
  • Unconstitutional
  • Contrary to Law

Describing harms to plaintiffs, the complaint shows that Risk Rating 2.0 :

  • Fails to protect policy holder Reneges on promises, e.g., grandfathered rates
  • Fails to recognize mitigation efforts Imposes unreasonable and unaffordable costs
  • Drives individuals out of insurance pool, which equals concentrated risk
  • Fails to recognize statutory obligations Forces people to leave their communities

The suit has been filed in United States District Court for the Eastern District of Louisiana.  The suit seeks an injunction against Risk Rating 2.0 and for FEMA to further disclose the methodology and data used to develop Risk Rating 2.0.

An official press release may be viewed here.  A two-page summary of the suit can be downloaded here.