National Civil Rights Organizations Urge Full Environmental Review of FEMA’s Puerto Rico Energy Reconstruction Efforts
FOR IMMEDIATE RELASE
May 21, 2026
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National Civil Rights Organizations Urge Full Environmental Review of FEMA’s Puerto Rico Energy Reconstruction Efforts
New York, NY – LatinoJustice PRLDEF, Southern Legal Counsel, Inc. and American Civil Liberties Union of Puerto Rico have filed an amicus curiae (friend of the court) brief in the U.S. Court of Appeals in Comité Diálogo Ambiental, Inc., et al. v. Federal Emergency Management Agency, et al. The lawsuit challenges the Federal Emergency Management Agency (FEMA) environmental assessments for rebuilding Puerto Rico’s energy infrastructure post-hurricanes.
The brief argues that FEMA relied on a shorter Programmatic Environmental Assessment and less detailed environmental review process instead of conducting the more comprehensive study required under the National Environmental Policy Act (NEPA). It also mentions that this limits the ability of Puerto Rican communities to fully participate in decisions that will affect the island’s environment, public health, energy future, and long-term recovery.
“Puerto Rican communities are still living with the consequences of disaster recovery decisions made without transparency, public input or accountability, said Lourdes M. Rosado, President and General Counsel, LatinoJustice PRLDEF. “Federal agencies can’t rush rebuilding efforts at the expense of environmental justice and the voices of the communities most impacted. The decisions in will shape Puerto Rico’s environmental, economic, and public health future for generations.”
The amici brief highlights its unique necessity given that it provides testimony and data-driven national and regional perspective on the institutional consequences of FEMA’s disaster response mechanisms. The accompanying research addendum by expert witness Professor Nadia B. Ahmad highlight a nearly 4:1 funding disparity favoring corporate contractors over direct assistance to impacted households. It also reveals a 38% penalty in disaster assistance for rural communities nationwide. In addition, it showed the exclusion of Puerto Rico’s 78 municipalities from FEMA’s National Risk Index data systems and disproportionate environmental and public health harms imposed on low-income communities living near fossil fuel infrastructure in southeastern Puerto Rico, known as “la ruta del hambre.”
“FEMA is sacrificing long-term community resilience and sustainability on the altar of administrative expediency, said Roberto Cruz, Attorney, Southern Legal Counsel, Inc. “By using procedural shortcuts to fast-track $12 billion into rebuilding an obsolete, centralized fossil-fuel grid, the government has chosen bureaucratic speed over a sustainable energy future. True public interest demands a comprehensive Environmental Impact Statement—not top-down evasion. As Professor Ahmad’s empirical data starkly demonstrates, when the government prioritizes administrative convenience, frontline public participation is silenced, and recovery funds are funneled directly to corporate contractors instead of vulnerable households. The people of Puerto Rico and the United States deserve a transparent process that rejects quick fixes, embraces community-driven data, and respects the people's inherent right to self-determination as they transition toward clean, decentralized renewable energy.”
The organizations also argue that FEMA’s continued investment in fossil fuel infrastructure goes against Puerto Rico’s clean energy goals. The brief warns that if FEMA is allowed to avoid a full environmental review in Puerto Rico, it could set a nationwide precedent allowing federal agencies to move forward with major disaster recovery projects without fully considering the impact on vulnerable communities.
The organizations are urging the Court to affirm the District Court’s ruling requiring FEMA to conduct a full Environmental Impact Statement before moving forward with major reconstruction decisions affecting Puerto Rico’s energy grid.
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LatinoJustice PRLDEF works to create a more just society by using and challenging the rule of law to secure transformative, equitable and accessible justice, by empowering our community and by fostering leadership through advocacy and education. For over 50 years, LatinoJustice PRLDEF has acted as an advocate against injustices throughout the country. To learn more about LatinoJustice, visit www.LatinoJustice.org