ELR Citation: 55 ELR 20142
No(s). 24-1145 (JAG) (D.P.R. Sep 30, 2025) (Garcia-Gregory, J.)

A district court granted in part and denied in part summary judgment for an environmental group in a challenge to FEMA-approved projects to rebuild Puerto Rico's electrical grid following hurricane damage. The group argued FEMA violated NEPA by failing to consider distributed renewable energy alternatives, failing to engage with public comments proposing alternatives, failing to adequately examine harms associated with rebuilding the fossil fuel grid, relying on undefined mitigation measures or promises of future tiering in lieu of a "hard look" at environmental impacts, not preparing an EIS for the proposed projects, and failing to undertake additional review in light of significant new information undermining the decision. The court found the record established that the projects covered by the utility repair, replacement, and realignment EA could significantly affect the human environment and that FEMA's contrary conclusion violated NEPA, but that the EA concerning public facilities infrastructure recovery and resiliency adequately identified potential environmental impacts and provided sufficient information about mitigation measures to counteract such impacts. It remanded to FEMA to prepare an EIS in relation to the utilities EA.