C.F.R. » Title 44 » CHAPTER I—FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY › SUBCHAPTER B—INSURANCE AND HAZARD MITIGATION › PART 67—APPEALS FROM PROPOSED FLOOD ELEVATION DETERMINATIONS

44 C.F.R. § 67.12

Appeal to District Court

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(a) An appellant aggrieved by the final determination of the Federal Insurance Administrator may appeal such determination only to the United States District Court for the District within which the community is located within sixty days after receipt of notice of determination.

(b) During the pendency of any such litigation, all final determinations of the Federal Insurance Administrator shall be effective for the purposes of this title unless stayed by the court for good cause shown.

(c) The scope of review of the appellate court shall be in accordance with the provisions of 5 U.S.C. 706, as modified by 42 U.S.C. 4104(b).

[41 FR 46989, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, as amended at 48 FR 44544 and 44553, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984; 49 FR 33879, Aug. 27, 1984]
Notes of Decisions
Cited in 6 cases, 2000–2019 · leading case: Coalition for a Sustainable Delta v. Fed. Emergency Mgmt. Agency, 812 F. Supp. 2d 1089 (E.D. Cal. 2011).
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Coalition for a Sustainable Delta v. Fed. Emergency Mgmt. Agency, 812 F. Supp. 2d 1089 (E.D. Cal. 2011). “; see 44 C.F.R. § 67.12 . FEMA points out that 14 of the 17 LOMRs mentioned in Plaintiffs’ Complaint were subject to the notice and administrative appeal process prescribed by the NFIA.”
Maudlin v. Fed. Emergency Mgmt. Agency, 138 F. Supp. 3d 994 (S.D. Ind. 2015). · cites it 2× “§ 4104 (g); see also 44 C.F.R. § 67.12 (a). Section 4104(g) sets forth the NFIA’s only waiver of sovereign immunity that relates to flood elevation determinations.”
Normandy Pointe Assocs. v. Fed. Emergency Mgmt. Agency, 105 F. Supp. 2d 822 (S.D. Ohio 2000). “” 44 C.F.R. § 67.12 . Normandy’s Complaint does not involve the denial of a flood insurance claim.”
City of Alexandria v. Fed. Emergency Mgmt. Agency, 781 F. Supp. 2d 340 (W.D. La. 2011). “” 44 C.F.R. § 67.12 . According to the Legislative History: Section 110 of the bill dealing with appeals, was the subject of more testimony, discussion, coordination, and committee debate than any other provision of the bill .”
Bintz v. Fed. Emergency Mgmt. Agency, 379 F. Supp. 3d 296 (D. Del. 2018). “§ 4104 (g) and 44 C.F.R. § 67.12 (a). (Doc. 1). Bintz seeks reversal of FEMA's denial of his appeal, implementation of the 10-foot base flood elevation established in the 2013 Preliminary Map for transect 1610, and a temporary stay of FEMA's implementation of the 2016 Map during…”
Bintz v. Fed. Emergency Mgmt. Agency, No. 1:16-cv-01024 (D. Del. Sept. 4, 2019). “§ 4104 (g) and 44 C.F.R. § 67.12 (a). Bintz seeks (1) reversal of FEMA’s denial of his administrative appeal and (2) implementation of the 10-foot base flood elevation established in the 2013 Preliminary Map for transect 1610.”
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