City of San Bruno v. Federal Emergency Management Agency

ORDER DISMISSING CASE

During the El Nino rains of 1998, a hillside (“Hillside”) near Crestmoor Drive in the City of San Bruno (“San Bruno”) collapsed. San Bruno applied for disaster relief from the Federal Emergency Management Agency (“FEMA”). FEMA determined that San Bruno was ineligible for federal aid with regard to the landslide. San Bruno subsequently filed this suit, under the Administrative Procedures Act (“APA”), against FEMA. Now before the court are defendant’s motion to dismiss for lack of subject matter jurisdiction and plaintiffs cross-motion for summary judgment. The parties have advised the Court that they waive oral argument. Having carefully reviewed the papers filed by both parties, the Court GRANTS the motion to dismiss for the reasons set forth below.

BACKGROUND

The federal government provides disaster relief under the Stafford Act, 42 U.S.C. 5124-5204c and regulations promulgated by FEMA. The Stafford Act is triggered when the Governor of the affected state requests that the President declare that a “major disaster exists” and he so declares. 42 U.S.C. § 5170 . The request is “based on a finding that the disaster is of such severity and magnitude that…