44 C.F.R. § 206.38
Presidential determination
(a) The Governor's request for a major disaster declaration may result in either a Presidential declaration of a major disaster or an emergency, or denial of the Governor's request.
(b) The Governor's request for an emergency declaration may result only in a Presidential declaration of an emergency, or denial of the Governor's request.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2009–2021 · leading case: St. Tammany Par. Ex Rel. Davis v. Fed. Emergency Mgmt. Agency, 556 F.3d 307 (5th Cir. 2009).
St. Tammany Par. Ex Rel. Davis v. Fed. Emergency Mgmt. Agency, 556 F.3d 307 (5th Cir. 2009). “§ 5122 (2) (defining major disaster by reference to presidential determination); see also 44 C.F.R. § 206.38 (a) (“The Governor’s request for a major disaster declaration may result in either a Presidential declaration of a major disaster or an emergency, or denial of the…”
Maleche v. Solis, 692 F. Supp. 2d 679 (S.D. Tex. 2010). “”); and 44 C.F.R. § 206.38 (a) (“The Governor’s request for a major disaster declaration may result in either a Presidential declaration of a major disaster or an emergency, or denial of the Governor’s request.”
Grace v. State of Kentucky, Off. of the Attorney Gen. (W.D. Ky. 2021). “44 C.F.R. §§ 206.38 . The governor’s request for an emergency or emergency disaster declaration must include an explanation of the type and amount or extent of federal assistance requested.”
St Tammany Par. v. Fed Emer Mgmt Agency (5th Cir. 2009). “§ 5122 (2) (defining major disaster by reference to presidential determination); see also 44 C.F.R. § 206.38 (a) (“The Governor’s request for a major disaster declaration may result in either a Presidential declaration of a major disaster or an emergency, or denial of the…”
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