Brian Colón, Managing Partner at Singleton Schreiber in New Mexico, was recently featured in Las Vegas Optic's article, “Victims of U.S.-Caused Wildfires Turn to Courts for Compensation After Delays, Denials,” published on May 13th, 2025, which discusses recent developments for victims of the 2022 Hermit's Peak/Calf Canyon Fire.
In May 2025, U.S. District Judge James Browning ruled in favor of dozens of Hermits Peak wildfire victims, awarding compensation through the judicial review process as outlined in the Hermits Peak Calf Canyon Fire Assistance Act. Victims were granted payments ranging from $9,000 to $330,000, following FEMA’s prior denials or low offers in several loss categories.
Mr. Colón shared his thoughts on the outcome, noting that the hearing marks a shift in how unresolved FEMA claims may proceed:
"Here we are, three years later, after the devastation of the burn scar, my clients finally got their day in court. They got compensation awarded for the trespass that the federal government conducted when they were negligent three years ago.
We’re gonna put as many of them in front of Judge Browning as he will permit, in whatever timetable he dictates. And we’re optimistic that he is going to continue dedicating a very substantial amount of time to try and move these cases forward.”
The article also highlights a second legal effort on behalf of victims of the 2022 Cerro Pelado Fire, who were excluded from the federal compensation program established for Hermits Peak-Calf Canyon survivors. In April 2024, they filed a federal lawsuit alleging the U.S. Forest Service failed to monitor a pile burn that reignited and initially misreported the fire’s cause. A whistleblower later triggered a second investigation that confirmed the true origin. The case is now proceeding in federal court, where the government is expected to seek dismissal under the discretionary function exemption of the Federal Tort Claims Act.
