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Entero v. Federal Emergency Management Agency

At issue in this case is the Federal Emergency Management Agency's (FEMA) administration of the home repair provisions of �408 of the Stafford Act, entitled "Federal Assistance to Individuals and Households" and codified at 42 U.S.C. �5174. The district court abused its discretion in issuing the preliminary injunction requiring FEMA to publish standards that comply with �5174(j). The award of preliminary injunctive relief is an extraordinary remedy that should only issue if the movant shows a substantial likelihood of prevailing on the merits. Here, plaintiffs cannot show a substantial likelihood of prevailing on the merits because the law on the question at the heart of the dispute does not favor their position. Thus, even if plaintiffs have some chance of prevailing after adjudication on the merits, the preliminary injunction was issued in error. 5th U.S. Circuit Court of Appeals, No. 09-40948, 06-04-2010

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Published opinion

Before GARZA, DeMOSS, and CLEMENT, Circuit Judges.

At issue in this case is the Federal Emergency Management Agency’s (FEMA) administration of the home repair provisions of Section 408 of the Stafford Act, entitled “Federal Assistance to Individuals and Households” and codified at 42 U.S.C. § 5174. The district court issued a preliminary injunction requiring FEMA to publish standards that comply with § 5174(j). FEMA appealed, and this court issued a stay of the injunctive relief pending the outcome of the appeal. We now vacate the district court’s grant of injunctive relief and remand the case.

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