Legal Paper Breaks Down Mississippi NFIP Suit
The federal court in Gulfport, Miss., may consider staying aspects of the planned National Flood Insurance Program rate hikes imposed by a 2012 law until the litigation is resolved or affordability studies are concluded, a senior research attorney at the University of Mississippi concluded in a new paper.
The court may find less flexibility to alter certain changes mandated by the law, the Biggert-Waters Act of 2012, such as the issuance of new policies at full-risk rates, the analysis states. This particular change has been cited as an impediment to housing sales, the paper notes.
FEMA also contends in a brief that the suit is fundamentally flawed because Mississippi is wrong in stating that the affordability report must be sent to Congress before the rates are implemented, stating the two issues are fundamentally unrelated.
Pace said for MID to succeed, it must show that FEMA “failed to take a discrete agency action that it was required to take.”