Stafford Act – Keystone of Federal Disaster Response

Robert T. Stafford Disaster Relief and Emergency Assistance Act (as amended August 2016)Download

The Stafford Act includes a limitation of liability provision which provides, in relevant part that: 

The Federal Government shall not be liable for any claim based upon the exercise or performance of or the failure to exercise or perform a discretionary function or duty on the part of a Federal agency or an employee of the Federal Government in carrying out the provisions of this chapter. 42 U.S.C § 5148.

Stafford Act immunity for Katrina debris removal decisions by FEMA – St. Tammany Parish v. Federal Emergency Management Agency, 556 F.3d 307 (5th Cir. 2009)

Order Denying FEMA Extension – SANTOS v FEMA, No. CV 18-40111-TSH, 2018 WL 4168993 (D. Mass. Aug. 30, 2018)

CRS, Federal Disaster Assistance Response and Recovery Programs: Brief Summaries (2018)