Federal court rulings have repeatedly found that victims of the Hermit’s Peak–Calf Canyon (HPCC) fire are entitled to more than just itemized, price-tagged losses — yet many New Mexicans remain caught in a slow, opaque claims process under the agency charged with repairing the harm.
Brian Colón, the managing partner of Singleton Schreiber’s New Mexico offices and a former state auditor, argues in a guest commentary that the Federal Emergency Management Agency has interpreted the law passed by Congress too narrowly. The law was intended to compensate people who suffered from the HPCC fire, Colón wrote, not only for property that can be listed on a receipt but also for disruptions to life and community.
"FEMA has spent years arguing that the law Congress passed to compensate Hermit’s Peak-Calf Canyon (HPCC) Fire victims only covers losses with a price tag, for example a home, a fence, a business, or a medical bill."
Two court losses, but no final payouts
Colón’s firm represents thousands of HPCC victims and has taken the agency to federal court over how compensation should be calculated. According to his commentary, a federal judge has ruled against FEMA twice, directing the agency to make victims whole for intangible harms including emotional toll, the inconveniences of displacement and damage such as erosion and flooding that followed the fire.
FEMA, however, has appealed both rulings, meaning that families and businesses who have already waited years for relief could face still more delay before receiving payments a court has ordered. The litigation adds another layer of uncertainty for residents who lost homes, endured long displacement or saw their communities altered by the catastrophe.
Claims office issues feed distrust
Beyond the legal wrangling, Colón highlights systemic problems inside the HPCC Fire Claims Office that have eroded public confidence. He cites lengthy periods during which cases received no response, changing rules and practices while claims were pending, and missed congressional deadlines intended to protect victims.
Colón also notes leadership turnover at the claims office, saying that earlier this year the third director was placed on administrative leave. Those management churns, he argues, compound delays and hurt the credibility of a process meant to deliver compensation after one of the state's most damaging wildfires.
- Thousands of HPCC victims are represented by the law firm named in the commentary.
- Two federal court rulings have against FEMA on compensation scope.
- FEMA has appealed both rulings, prolonging the resolution timeline.
What the rulings mean for survivors
The legal findings that judges have issued so far suggest that courts see the congressional statute as broader than what FEMA has asserted. If those decisions are ultimately upheld, eligible claimants could receive compensation that accounts for non-material harms — losses that are real to people but hard to itemize on a claims form.
For affected New Mexicans, the stakes include not only reimbursement for damaged property but also recognition of the upheaval and long-term consequences that followed the suppression-related fires and subsequent erosion and flooding. The outcome could influence how federal agencies handle similar disasters across the country.
| Issue | Status (per commentary) |
|---|---|
| Judicial rulings on scope of compensation | Two rulings against FEMA |
| FEMA response | Appealed both rulings |
| Claims office leadership | Third director placed on administrative leave |
Calls for transparency and accountability
Colón writes that the federal government both caused the disaster and then put a federal agency in charge of deciding what it owes — a setup that he contends presents conflicts and transparency problems. The claims office’s slow pace and shifting rules, he says, make it harder for families to trust they will be treated fairly and receive timely decisions.
Whether those concerns translate into changes depends in part on the outcome of the appeals and any additional legal or congressional action. Advocates for victims may press for clearer timelines, stronger oversight, or statutory changes to prevent similar disputes after future disasters.
For now, residents and property owners affected by the HPCC fire face continued uncertainty. The litigation trajectory and internal claims office reforms will determine how soon — and how fully — those people are made whole.
I will continue to follow developments in the appeals and any further actions by FEMA and Congress related to HPCC compensation and report on how they affect New Mexicans seeking recovery.
