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The Federal Emergency Management Agency (FEMA) has announced the first four listening sessions for the newly proposed draft guidance to implement the Federal Flood Risk Management Standard (FFRMS) arising out of President Obama’s recent amendment of Executive Order 11988.  As we noted in previous blog entries, the President has amended the Carter-era Executive Order that restricts the way in which Federal agencies can provide funding or permits for projects that are located in areas with flood risk.

While FEMA has indicated that more sessions will be scheduled, the first four have been scheduled in Iowa, Mississippi, California, and Virginia on March 3, 5, 11, and 11, respectively.  These sessions promise to be a good opportunity to hear from the flood protection community and also to influence FEMA’s thinking. Traditionally, FEMA has been very open to hearing from the public and then in shaping public policy in a sensible way as a result of that input.

Perhaps the most interesting issue will be the scope of the discussion that will occur at these sessions. While many in the flood protection community want to talk about the President’s amendment of the Executive Order, the only official topic for the listening sessions is the draft implement guidance. Whether FEMA will be willing to take comment on the Executive Order itself, and perhaps speak with the President about proposed changes, likely remains the biggest unknown.

Here is more information on the listening sessions. Please note that reservations are required to attend. We are also providing a link to a new letter sent by Senator Feinstein asking FEMA to consider extending the 60 day comment period by a further 90 days. We believe that this will be the first of many such requests and if we were betting bloggers we are guessing this effort will be successful.

Photo of Scott L. Shapiro Scott L. Shapiro

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the…

Scott Shapiro is known for his expertise in flood protection improvement projects throughout California’s Central Valley. He is helping clients with more than a billion dollars in projects in California’s Central Valley and issues involving the Federal Emergency Management Agency (FEMA) and the U.S. Army Corps of Engineers (USACE) throughout the Western United States.

With a special focus on massive flood protection improvement projects, Scott advises clients through regulatory, contractual, financing, and legislative challenges. Acting as general or special counsel, he regularly interacts with senior management at USACE (Headquarters, South Pacific Division, and Sacramento District), the California Department of Water Resources, and the Central Valley Flood Protection Board. He was named to the National Section 408 Task Force and has been invited to give testimony to the National Academies. Scott was instrumental in helping the first regional flood improvement agency that took a basin threatened by flood risk from less than 30-year level of protection to a level of protection approaching 200-year.

Having worked with FEMA on issues of floodplain mapping and levee accreditation for many years, Scott has developed collaborative environments in which he fosters win-win solutions for his clients. He is also currently serving as the lead counsel on a flood insurance rate map (FIRM) appeal and has drafted Federal legislation to modify the National Flood Insurance Program (NFIP) several times.

Scott is known throughout the region for his extensive litigation experience focusing on cases arising from levee failures. He has litigated levee failures resulting from underseepage, failed encroachments, and rodent burrows as well as briefing levee overtopping cases at the appellate level. Scott is one of the few attorneys with experience litigating flood cases on behalf of plaintiffs as well as defendant government entities.