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Likely Implications for FEMA
Despite the overturning of Chevron deference, FEMA's discretionary authority will still provide significant protection against APA claims brought against the agency. However, that does not mean that this decision by the Court won't have an effect on FEMA's decision-making process going forward.
FEMA can certainly expect to see increased judicial scrutiny when its discretionary authorities are pierced. Likewise, the loss of Chevron deference introduces the likelihood of more frequent APA claims brought against the agency. With more frequent legal challenges, it is reasonable to expect FEMA to take extra effort when creating regulation and policy in an effort to withstand judicial scrutiny. The agency will likely also seek clearer legislative actions from Congress to minimize ambiguities in the statutes it administers.
Although the overturning of Chevron deference opens the door to a broader spectrum of APA claims to be brought against FEMA, plaintiffs challenging FEMA's actions or policymaking under the APA will still face the burden of overcoming FEMA's discretionary authorities. The Court makes clear that this is not an insurmountable task, clearly noting that the judiciary must ensure that agencies exercise their discretion consistent with the APA.
The Court has also, separately through another decision (Corner Post, Inc. v. Board of Governors of the Federal Reserve System), indicated when the statute of limitations for a claim under the APA begins to accrue. The Court makes clear that "a claim brought under the Administrative Procedure Act 'accrues'… when the plaintiff has the right to assert it in court – and in the case of the APA, that is when the plaintiff is injured by final agency action." This is of critical importance in relation to APA claims against FEMA because grant recipients and sub-recipients routinely received multiple "decisions" from FEMA prior to the final agency action, which FEMA will not be able to argue started the clock for an APA claim.
https://www.bakerdonelson.com/supreme-court-overturns-chevron-deference-whats-next-for-fema?t&utm_source=perplexity
https://www.govexec.com/management/2024/09/supreme-courts-ruling-chevron-framework-will-lead-policy-shifts-federal-emergency-management-and-housing-agencies/399130/
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ICYMI
President Donald J. Trump to Participate in an October 7th Remembrance Event
October 02, 2024
President Donald J. Trump, 45th President of the United States of America, will participate in an October 7th Remembrance Event on Monday, October 7, 2024, at 6:00PM EDT. Jewish community leaders will gather to honor the 1,200 lives lost after being taken hostage and killed on that fateful morning one year ago. The event will also remember the victims of antisemitic violence that has continued to afflict communities worldwide since that tragic day.
October 7th, 2023, was the day in which the most Jewish people were murdered since the Holocaust. Hamas and other Iranian-backed proxies launched a war, not just against Israel, but against all of our shared values. What we have witnessed in the past year is a battle between the forces of good versus evil. Since the disastrous withdrawal from Afghanistan, we have witnessed nothing but global chaos, as evidenced by Iran’s horrific missile attack on Israel just this past week.
The inept and failed policies of the Harris-Biden Administration have enabled the Iranian-backed proxies that have sewn a path of death and destruction, resulting in catastrophic global ramifications. By choosing to not be present at the joint session of Congress, Kamala Harris blatantly displayed her lack of competence in international diplomacy, showing that she does not stand with our strongest ally in the Middle East, the State of Israel. Since taking office, the Harris-Biden administration has enriched Iran, enabled the enemies of the United States, and compromised the security of our country.
Consequently, radical leftist antisemitism has spread across our city streets and college campuses, while the dangerously liberal Harris-Biden administration has willfully neglected this dire situation. President Trump has always condemned antisemitism and will continue to do so once he is back in the Oval Office. He will hold accountable those who perpetuate violence against the Jewish people, and as such, America will be safe and patriotic again. We stand in solidarity with Israel and will promote peace through strength in the Middle East and throughout the world.
Date and Time:
Monday, October 7, 2024
6:00PM EDT
https://www.donaldjtrump.com/news/c33a1289-f9a4-4d35-af44-1802c7e1a256
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