New Mexico

Judge says he's leaning toward nixing FEMA rule denying fire victims payment for emotional losses • Source New Mexico

Published

2 months ago

October 17, 2024

Judge says he's leaning toward nixing FEMA rule denying fire victims payment for emotional losses • Source New Mexico

Hundreds of millions of dollars could be awarded to victims of the state’s biggest wildfire for the hardship they endured when the federally caused wildfire roared across their land in 2022, based on a judge’s comments Tuesday in federal court.

Judge James Browning said at the end of a hearing Tuesday afternoon he was “leaning” toward ruling on behalf of fire victims who sued the Federal Emergency Management Agency last year. He said he would issue a ruling as soon as possible, but likely not until next month.

If Browning does indeed side with the fire victims, which lawyers on both sides of the courtroom expect is likely, FEMA could be required to establish a system to quantify and compensate fire victims not only for the economic losses they suffered in the state’s biggest wildfire but also for the emotional harm.

For thousands of victims, that could mean additional compensation for the “annoyance, discomfort and inconvenience” of the “nuisance” or “trespass” the fire caused, victims’ lawyers said.

A few others could get sizable payments for their “pain and suffering” resulting from physical injuries they suffered in the fire, in addition to the medical costs. So far, the only recourse for those who were injured or for families of those who died in the fire or ensuing floods has been filing time-consuming and uncertain lawsuits in federal court.

Gerald Singleton, whose San Diego-based firm is representing about 1,000 fire victims, estimated these sorts of emotional harm losses could amount to about $400 million.

He also said the payments could result in a more-equitable distribution of fire compensation funding, as renters or those with low incomes would receive additional compensation beyond just the dollar value for their limited losses in the fire.

Even with the expected ruling, it’s not clear how quickly these payments could arrive in victims’ bank accounts. Because the legal battle centers around a regulation FEMA created, the agency’s lawyers said in court it would have to go through a whole new, formal rulemaking process. That could take months.

Feds try to skirt responsibility in lawsuit for people who died after state’s biggest wildfire

The money would come out of a nearly $4 billion fund Congress established in September 2022 that members hoped would “fully compensate” victims of the Hermits Peak-Calf Canyon Fire, started earlier that year by two federal prescribed burns that escaped and combined to destroy several hundred homes and scorched a 534-square-mile area.

As of Sept. 24, the Hermits Peak-Calf Canyon Claims Office had paid $1.35 billion of the fund in 10,417 different claims from households, nonprofits, businesses and local and tribal governments.

Jay Mitchell, director of the claims office, watched the half-day court hearing Tuesday. In a brief interview with Source New Mexico after the judge’s comments, Mitchell suggested the compensation required by the expected ruling could be challenging to administer.

Even though $4 billion might seem like a huge number, “It is a limited fund,” Mitchell said. He suggested the ruling could open the door to a flood of new claims seeking damages for “nuisance” or “trespass” from people whose properties were touched by wildfire smoke.

“Smoke goes where it goes,” he said as he walked into a meeting with lawyers representing FEMA after the hearing.

Did Congress intend to limit damages?

Singleton’s was among four firms representing dozens of named plaintiffs who sued FEMA last October, alleging the agency improperly denied so-called “non-economic damages” to fire victims in a final set of regulations it published last summer. The rules limited compensation to only economic damages, which are the type of losses with a price tag: things like cars, homes, business expenses and cattle.

The rule was based on the agency’s interpretation of the Hermits Peak-Calf Calf Canyon Fire Assistance Act, written and sponsored by U.S. Rep. Teresa Leger Fernandez and U.S. Sen. Ben Ray Luján, both Democrats from New Mexico.

Luján’s office did not respond to a request for comment. U.S. Sen. Martin Heinrich’s office said the senator would wait until the ruling to weigh in. Leger Fernandez’s office told Source NM she couldn’t comment due to the pending litigation, but she’s “following the issue closely.”

The victims’ lawsuit alleged the agency was wrong when it interpreted the act as excluding non-economic damage payments. To make their argument, lawyers parsed the act’s language to try to determine congressional intent and analyzed state law about what recourse victims would have under New Mexico law if a private company had started the fire and not the federal government.

Months of back and forth between lawyers centered on what Congress meant when they wrote the act. Browning on Tuesday questioned victims’ lawyers and the United States Attorney’s Office about what they think Congress intended by language such as “limited to,” “allowable damages,” “injured person” and “actual compensatory damages.”

In the scar of New Mexico’s largest wildfire, a legal battle is brewing over the cost of suffering

For example, the law says payments “shall be limited to actual compensatory damages.” Victims’ lawyers argued, with numerous citations in New Mexico law and elsewhere, that “actual compensatory damages” historically means both economic and non-economic damages. FEMA’s lawyers interpreted the clause to mean that Congress was imposing a limitation: Only economic damages were allowed.

The lawsuit occurred after a Supreme Court ruling that removed deference to federal agencies when they write regulations based on ambiguous laws passed by Congress. It’s not clear how much the court’s ruling on the so-called “Chevron deference” precedent impacted the judge’s comments. But plaintiffs’ lawyer Tom Tosdal repeatedly cited Justice Neil Gorsuch’s ruling in his arguments Tuesday, and the judge wondered aloud whether it applied.

By the time the hearing started Tuesday, Browning said he’d already made up his mind on one important aspect of the lawsuit: He agreed that New Mexico law allows non-economic damages to be paid to victims in a scenario like the fire. That’s important because of a provision in the law requiring the calculation of damages to be based on what’s allowed under state law.

He cited an opinion from the New Mexico Attorney General that concluded emotional hardship payments are allowed for victims of “nuisance and trespass” here. An official at the New Mexico Department of Justicewrote the opinion after a request from two state lawmakers made shortly after a Source New Mexico and ProPublica article on the legal battle.

Victims’ lawyers have a ‘better reading’ of the law, judge says

In describing his inclination to side with the fire victims over the government, Browning also cited one piece of language that lawyers on both sides argued showed congressional intent to either exclude or include emotional hardship payments.

One of the laws’ sections is titled “Allowable Damages” in capital letters and goes on to list three categories of payments: Financial, business or property. To FEMA’s lawyers, Congress was listing all the types of allowable payments, which they said in a legal brief was “implied” by the phrase “allowable damages.”

FEMA has paid out just 2% of fund to help wildfire victims rebuild. Some can’t wait much longer.

To the fire victims’ lawyers, Congress was just specifying some types of compensation the act allowed but not limiting payments to those categories of loss.

The judge agreed: “Plaintiffs have a better reading,” he said. He seized on the fact that FEMA’s lawyers wrote in their brief that Congress “implied” its intent to limit damages in that section of the law. An implication is not enough, he said.

Browning also said he would try to issue a ruling as quickly as he could, and discussed with lawyers the best way to avoid further delays in getting the compensation to victims. He cited previous delays in the claims office compensation as the reason for his urgency.

“I don’t live under a rock,” he said. “I know that there has been a lot of criticism of how slow the process was.”

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New Mexico

Louisiana vs. TCU: Predictions, latest odds for New Mexico Bowl

Published

3 hours ago

December 28, 2024

Press Room

Louisiana vs. TCU: Predictions, latest odds for New Mexico Bowl

The college football bowl season continues in Albuquerque, New Mexico, with the Isleta New Mexico Bowl featuring the Louisiana Ragin’ Cajuns facing off against the TCU Horned Frogs in a first-time matchup for these two programs.

Louisiana finished the season with a record of 10-3, marking the first time since 2021 that they achieved ten wins. The team only lost to Tulane, South Alabama, and Marshall in the Sun Belt Conference Championship. The Ragin’ Cajuns offense is led by Ben Woolridge, who boasts an impressive completion rate of 68.3%, amassing 2,392 yards, 17 touchdowns, and five interceptions this season. Woolridge is supported by a solid running back, Bill Davis, who led the team in rushing yards with 775 and scored nine touchdowns.

TCU, with a season record of 8-4, has seen some outstanding individual performances. Sophomore Josh Hoover, in particular, has had a standout season, achieving an impressive 66.7% completion rate, totaling 3,697 passing yards, 23 touchdowns, and 10 interceptions, along with an additional four rushing touchdowns.

Here is everything to know about the New Mexico Bowl.

New Mexico Bowl predictions: Louisiana vs. TCU

USA TODAY: TCU is the unanimous pick

Scooby Axson: TCU
Jordan Mendoza: TCU
Paul Myerberg: TCU
Erick Smith: TCU
Eddie Timanus: TCU
Dan Wolken: TCU

ESPN: TCU 36, Louisiana 29

Adam Rittenberg writes: “TCU quietly ended the season with wins in five of its final six games, finding greater consistency with its run game and in other areas. Louisiana won 10 games for the first time since 2021 but fell 31-3 to Marshall in the Sun Belt title game. The two teams have never met and make their first appearances in the New Mexico Bowl. TCU will be without top wide receiver Jack Bech, who injured his knee in the regular season finale, and the Horned Frogs will need a strong defensive performance to contain a Louisiana offense not overly reliant on any one player. The Ragin’ Cajuns have a solid bowl history but not against Power 4 opponents. The Frogs find a way.”

College Football Network: TCU 34, Louisiana 16

Staff writes: “If Wooldridge is good to go, it certainly adds intrigue. The Ragin’ Cajuns will have their top two running backs and two of the five top receivers available. So, the cupboard’s not empty, but it’s starting to look bare. I’m monitoring Wooldridge’s final status here. If he’s healthy, I think Louisiana can do enough in the passing game to open up running lanes for Bill Davis. I still wouldn’t take them to win, but I’d feel better about a Ragin’ Cajuns cover. As it stands, though, I have to go with the available information. So, if I have to make a prediction, it’ll be the Frogs by a lot.”

Tickets to the Isleta New Mexico Bowl with StubHub

New Mexico Bowl odds, lines: Louisiana vs. TCU

The TCU Horned Frogs are favorites to defeat the Louisiana Ragin’ Caguns, according to the BetMGM college football odds.

Odds as of afternoon on Friday, Dec. 27.

Spread: TCU (-10)
Moneylines: TCU (-360); Louisiana (+280)
Over/under: 58.5

How to watch Louisiana vs. TCU in the New Mexico Bowl

Date: Saturday, Dec. 28
Time: 2:15 p.m. ET
TV: ESPN
Stream: Fubo
Where: University Stadium (Albuquerque, NM)

We occasionally recommend interesting products and services. If you make a purchase by clicking one of the links, we may earn an affiliate fee. USA TODAY Network newsrooms operate independently, and this doesn’t influence our coverage.

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New Mexico

UTEP to face Northern New Mexico Saturday night

Published

12 hours ago

December 27, 2024

Press Room

UTEP to face Northern New Mexico Saturday night

EL PASO, Texas – The UTEP men’s basketball team (9-3) will look to extend its winning streak to four while closing out nonconference play when it plays host to NAIA member Northern New Mexico (4-17) at 7 p.m. MT Saturday.

The contest will count for the Miners, but it is being played as an exhibition for the Eagles.

UTEP has been idle since toppling Yale, 75-74, to take home the title for the second straight season at the WestStar Don Haskins Sun Bowl Invitational on Dec. 21.

That is a feat that hadn’t been achieved since a three-year run (2012-14) under then head coach Tim Floyd.

UTEP is surging with its three-game winning streak while also claiming six of the past seven. The last three victories have all been by six points or less, marking the first time it did so since the 2021-22 campaign (69-64, UTSA, Jan. 20, 2022, 59-54, at UTSA, Jan. 23, 2022 and 70-68, FAU, Jan. 27, 2022).

That triumph against FAU came on an Alfred Hollins tip-in at the buzzer, which made Sportscenter’s top-10. UTEP is 6-0 at home, its best start in the Sun City since bolting out at 8-0 (finished 11-7) in 2022-23.

Overall, the Miners’ 9-3 record is their top mark through 12 games since also opening at 9-3 in 2019-20. UTEP hasn’t been 10-3 since 2010-11. The Eagles have lost three straight and are 1-17 on the road.

The tilt is the fourth of a seven-contest homestand (3-0 thus far), which is the longest in seven years. Jon Teicher (44th year) and Steve Yellen (22nd year) will be on the call on “The Home of UTEP Basketball” 600 ESPN El Paso, with audio available on the UTEP Miners App as well.

It will also be streamed on ESPN+ (subscription required), with Andy Morgan and former Miner assistant coach Bobby Braswell describing the action.

For tickets, please visit www.UTEPMiners.com/tickets or call (915) 747-UTEP.

KEY STATS ON UTEP

The Miners lead the country in steals per game (11.0) and turnover forced per contest (18.5) while rating second nationally in 3-point shooting (42.2 percent). UTEP is 9-1 when leading at the half, 7-1 with more points from its bench than the opposition and undefeated (6-0) when yielding less than 70 points.

MAKE ROOM FOR THE MINERS

Thanks to winning three straight, six of seven and standing at 9-3 overall on the season, UTEP entered the College Insider Inc. Mid-Major Top 25 (ranked 25th) this week. The poll is voted on by 31 Division I head coaches.

SERIES HISTORY: UTEP LEADS, 2-0

UTEP is taking on Northern New Mexico College for the third time, with all of the meetings happening since the 2021-22 campaign. The Miners blasted the Eagles, 88-53, on Nov. 16, 2021, in the first meeting before knocking them off, 87-50, on Dec. 3, 2022.

GET TO KNOW NORTHERN NEW MEXICO (4-17, 3-1 HOME, 1-16 AWAY, 0-0 NEUTRAL)

Northern New Mexico College competes at the NAIA level and is in Espanola, N.M. Even though the college has existed since 1909, it did not launch an athletic department until 2005. Competition officially began for men’s basketball in 2009. The Eagles have played a ton of games (21) already, standing 4-17 on the year. They have spent the majority of that on the road, with a 1-16 mark. The contest vs. UTEP, however, will be played as an exhibition for NNMC. The Eagles are under the direction of third-year head coach and athletic director Jesus Aragon, who is 20-48 in that timeframe. NNMC is putting up 75.1 points per game, but it allows 75.0. The Eagles shoot 47.9 percent from the floor, including a stout 42.6 percent from distance. Including the matchup with the Miners, NNMC has only eight contests remaining on the campaign. Northern New Mexico College was founded in 1909 as the Spanish American Normal School, with a goal of providing teacher training for the area’s Spanish speakers. It has since grown to an enrollment of 1,200. Notable alumni include Jacob Torres (engineer and plant scientist at the Kennedy Space Center) and Rose Simpson (artist)

LOOKING BACK (AT UTEP 75, YALE 74)

Tournament MVP Otis Frazier III tallied a team-high 15 points and made a game-saving blocked shot with two seconds left, to help lift UTEP to a 75-74 victory against Yale as the Miners won the WestStar Don Haskins Sun Bowl Invitational for the second straight season on Dec. 21. Devon Barnes (12 points, two assists, two steals), Don Haskins award winner Ahamad Bynum (11 points), David Terrell Jr. (11 points, four rebounds, four assists) and all-tournament team member Kevin Kalu (10 points, eight rebounds) all got after it as well. The reigning Ivy League champions didn’t make it easy, though, with the Bulldogs fighting back from a 12-point halftime deficit (45-33) to climb within one on three occasions, but UTEP never relinquished that lead.

BACK-TO-BACK TITLES

UTEP claimed the WestStar Don Haskins Sun Bowl Invitational for the second straight season, something that hasn’t happened since a three-year run (2012-14) under then head coach Tim Floyd.

ALL-DEFENSIVE TEAM FOR A REASON

Otis Frazier III was a member of the 2024 CUSA All-Defensive team, and he showed why in the waning seconds of the Miners’ victory against Yale. He rejected Bez Mbeng’s game-winning shot with 2.3 seconds remaining. RS-freshman Babacar Mbengue then did such a good job disrupting the inbounds play that Yale couldn’t get a shot off on the ensuing play.

SIZZLING FROM 3-POINT LAND

UTEP nailed a season-best 64.7 percent from distance vs. Yale, including a ridiculous 88.9 percent (8-9) in the opening frame. The 64.7 percent ties as the sixth best all time at UTEP. The eight triples made equaled the most in a stanza for the Miners this year, as they also did so vs. Sul Ross State (Nov. 4) in the opener while the 11 are the most vs. a DI opponent this season.

SOARING IN THE SHOOTING RANKINGS

UTEP heads into the Northern New Mexico College affair rated second in the country at 3-point shooting with a readout of 42.2 (94-223). Having the top 3-point shooter in the country (Ahamad Bynum), who has nailed a sensational 63.8 percent (30-47) from beyond-the-arc.

WE’RE GOING STREAKING

UTEP has won three straight and six of the past seven contests, with the lone setback in that timeframe a three-point setback (77-74) at perennial ACC power Louisville on Dec. 11. The effort has moved the Orange and Blue to 9-3 on the year, equaling the best start in five years.

ROLLING AT HOME

UTEP is 6-0 on the year at home, with the Miners’ biggest deficit in those contests standing at 3-0 in an eventual 88-72 vanquishing of Seattle U on Dec. 7. It’s the best start at home since opening 8-0 in the Sun City in 2022-23.

AIMING FOR BEST START IN 14 YEARS

UTEP hasn’t won 10 of its first 13 contests of the campaign since opening 10-3 (eventually 13-3) in 2010-11. That year, the Miners were 3-2 through five tilts before winning 10 of the next 11. UTEP finished the campaign at 25-10 and qualified for the NIT.

STRONG NONCONFERENCE EFFORT

UTEP hasn’t won 10 games in nonconference play since the 2013-14 campaign. That year, the Miners headed into league play at 10-5.

CONSISTENT ONE TOO

With a victory against Northern New Mexico College, the Miners will have posted five wins in both November and December for the first time since 2010-11.

OPPONENTS SLIPPING AT THE LINE

After the first 10 UTEP opponents all shot better than 70 percent at the free-throw line (181-240, 75.4 percent) from the charity stripe, Jackson State fell shy of that at 69.2 percent (18-26) at the line. Yale was even worse, connecting on just 58.8 percent (10-17).

ODDS & ENDS

Kevin Kalu has hit double figures in consecutive contests for the first time in his 103-game career with the Miners. David Terrell Jr. has posted 10+ points in back-to-back games, a first for him as well. Ahamad Bynum has done so in five straight affairs, the longest of his DI career (including freshman year at DePaul). The Miners have registered at least seven steals in all 12 games this year and in 44 of the past 46 contests dating to the beginning of the 2023-24 campaign.

THIRD FOE BELOW 20 PERCENT ON TREYS

Jackson State was held to 12.5 percent (3-24) from 3-point range on Dec. 20, the lowest 3-point percentage (min. 10 attempts) by a Miner DI opponent since NM State shot just 10.5 percent (2-19) in a 25-point UTEP romp (74-49) at home last year on Feb. 10, 2024. JSU became the third UTEP foe to finish worse than 20 percent (min. 10 3PA) on triples this year. It previously happened against UTPB (3-17, 17.6 percent, Nov. 12) and at Louisville (6-34, 17.6 percent). UTEP did so a total of three times last year.

TIME TO BOX OUT AND REBOUND

UTEP has allowed a combined 33 offensive rebounds the past two tilts, with JSU (opponent season-high 17) and Yale (16) hitting the boards hard. The Miners have been outscored by a total of 23 points (34-11) on second-chance points in that timeframe, which helped fuel comeback bids by both programs. The 33 offensive rebounds yielded are the most over a two-game span since UTEP allowed a whopping 42 against Alcorn (21) and CSU Bakersfield (21) early in the 2022-23 campaign.

TALKING DOUBLE-DOUBLES

Kevin Kalu became the first Miner this season to record a double-double after finishing with 12 points and 12 rebounds against Jackson State on Dec. 20. He was shy both one point and one rebound of matching his career high in each category. Furthermore, he joins Otis Frazier III (one) as the lone Miners on this year’s roster to record a double-double at the DI level (including previous stops for transfers). Overall, Kalu leads the team in rebounding (5.7-tied 15th) while placing sixth on the squad in scoring (6.4 ppg).

TERRELL JR. MORE LIKE HIMSELF AT THE LINE

Sophomore David Terrell Jr. started the season at 5-16 (31.3 percent) on free throws, but he has started to regain his form the past two tilts. He was 5-7 (career-high tying attempts) at the charity stripe vs. Jackson State before following that up by sinking 5-6 (83.3 percent in the championship contest vs. Yale. That puts him at 10-13 (76.9 percent) in that timeframe.

SHUTTING THEM DOWN

UTEP moved to 6-0 on the season when allowing 65 points or less in a game in the 67-61 vanquishing of Jackson State on Dec. 20. The Miners’ scoring defense is at 66.4 ppga (second CUSA/62nd NCAA) heading into the matchup with Northern New Mexico College.

WINNING CLOSE

With the one-point victory against Yale, UTEP improved to 5-2 on the year in two-possession games (decided by six points or less). That includes a mark of 3-0 at home in the situation. The Miners have also claimed three straight contests by six points or fewer since the 2021-22 campaign.

UP NEXT

UTEP will christen its 16-game Conference USA slate while also ringing in the New Year when it plays host to preseason league favorite LA Tech at 7 p.m. MT on Thursday. The Miners will also face defending regular-season champion Sam Houston State (Jan. 4) and I-10 rival NM State (Jan. 11) to wrap up the homestand. It will mark the first time since the 1991-92 season that UTEP has its first three conference contests at home. Jon Teicher (44th year) and Steve Yellen (22nd year) will be on the call on “The Home of UTEP Basketball” 600 ESPN El Paso, with audio also airing on the UTEP Miners app. All three contests will also be streamed on ESPN+ (subscription required), with Andy Morgan and former Miner assistant coach Bobby Braswell describing the action. For tickets, please visit www.UTEPMiners.com/tickets or call (915) 747-UTEP.

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New Mexico

Forget the Ball Drop: These Unique Objects Took Over NYE in Texas, New Mexico, & Arizona

Published

24 hours ago

December 27, 2024

Press Room

Forget the Ball Drop: These Unique Objects Took Over NYE in Texas, New Mexico, & Arizona

New York isn’t the only state that drops a giant object for New Year’s Eve; Arizona, New Mexico AND Texas have their OWN unique celebrations to bring in the new year. While some cities do drop giant balls, each state have their own unique spin for New Year’s Eve.

Here are giant objects that Arizona drops for New Year’s Eve

Anyone who’s been in Tucson for New Year’s Eve is familiar with their Taco Bell drops, where instead of a ball, it’s a giant taco. This is a tradition the city has had since 2014.

Some other unique celebrations in Arizona include:

2 cities in New Mexico have their own New Year’s Eve celebrations

New Mexico loves their chilis & Las Cruces lets everyone know that with THEIR giant chili pepper every year.

Santa Fe on the other hand actually RAISES the Zia solar symbol every year at the Santa Fe Plaza. Yes while this isn’t an object drop, it IS a yearly tradition that I couldn’t leave off.

One Texas city decided to pay tribute to the state as a New Year’s Eve drop

The city of Houston decided to have a giant Star for their New Year Eve’s celebration but it was a RAISE instead of a drop. The city of McAllen has their OWN spin of the NYC glass ball; in this case it’s a giant MIRROR ball that they drop for New Year’s Eve.

I know there are several items that Texas can EASILY drop for New Year’s Eve and here some of MY ideas:

8 Unique Items Texas Should Drop for New Year’s Eve

Why should New York City have all the fun? Texas can easily have some creative ideas on what items to drop during to countdown for the New Year! Here are some that we thought of.

Gallery Credit: Daniel Paulus

Let’s hope Texas will use one of these ideas for New Year’s Eve. At least once!

7 New Years Eve Resolution Ideas

New Years Eve Resolution Suggestions

Gallery Credit: Dubba G

The 6 Highest Peaks in New Mexico

Some of the biggest peaks in the United States are found in the Land of Enchantment, New Mexico. While there are several major summits in the whole state, here are the 6 largest in Next Mexico.

Gallery Credit: Daniel Paulus