New Mexico wants FEMA to pay for years of wildfire recovery costs

By Jesse Jones, The Paper. — Years after the largest wildfire in New Mexico history, the National Guard is still helping northern New Mexico communities respond to flooding across the burn scar. Now, the state wants FEMA to pay millions for that work. 

The New Mexico Department of Homeland Security and Emergency Management sued the Federal Emergency Management Agency Sept. 8, seeking more than $61 million to cover another decade of National Guard costs related to flood control and debris removal across the burn scar left by the Hermit’s Peak/Calf Canyon Fire. The lawsuit names FEMA Administrator Cameron Hamilton, Federal Disaster Recovery Coordinator Jose Baquero and Federal Coordinating Officer Robert Fogel as defendants. The department submitted the claim to FEMA in 2024, but the agency denied it and later denied the state’s appeal, according to a news release from the governor’s office. Mississippi attorney Wendy Ellard represents the state, which filed the case in U.S. District Court for the District of New Mexico.

Gov. Michelle Lujan Grisham said northern New Mexicans should not have to worry about their safety whenever it rains. She said the federal government caused the fire and that FEMA should pay for the ongoing response. “It’s unconscionable that FEMA refuses to pay for a National Guard response that must continue for many years due to federal negligence,” said Gov. Lujan Grisham.

The 2022 fire began after two U.S. Forest Service prescribed burns escaped containment. It burned 341,471 acres across four northern counties, making it the largest wildfire in state history. Heavy rain later triggered widespread flooding across the burn scar. The National Guard has helped evacuate residents, remove debris and prevent flood damage. Officials expect the work to continue for years, the governor’s office said.

Congress established the Hermit’s Peak/Calf Canyon Fire Assistance Act in 2022 and provided an initial $2.5 billion for recovery. Congress later appropriated more than $5 billion to help northern New Mexico residents and local and state governments recover. The state also has 22 other FEMA claims pending totaling $128 million, according to the governor’s office.