On February 4, 2025, FEMA’s chief counsel issued an internal memo stating the agency intends to stop enforcing a rule finalized under President Biden to mitigate flood damage to federally funded infrastructure. The memo states that the “pause” is intended to give the agency time to rescind or revise the rule. However, under the Administrative Procedure Act (APA), agencies cannot simply decline to enforce regulations once they take effect; they must follow a step-by-step process to formally revoke or revise the rule after seeking and responding to public comment. See more on the legality of proposed changes to FEMA under President Trump.
Background
On July 11, 2024, FEMA issued a final rule implementing the Federal Flood Risk Management Standard (FFRMS). The rule requires projects funded by federal disaster assistance to be constructed or built to stricter standards. Projects in the floodplain must be elevated to withstand current and foreseeable future flooding. The rule also requires FEMA to use an 8-step process, including requiring the applicant to consider potential impacts on Tribal treaty rights when evaluating alternatives, and maintains FEMA’s practice of reviewing proposed projects in the 8-step process to identify and address any disproportionate and adverse human health or environmental effects on communities with EJ concerns.