Judge Imperils Disaster Policy By Requiring FEMA Staff

A federal judge endangered America’s long-standing emergency strategy Friday by suggesting the government should employ disaster workers before disasters occur. U.S. District Judge Susan Illston ruled that the Trump administration’s plan to cut Federal Emergency Management Agency staffing by 50% was unlawful, finding that Homeland Security officials could not choose the figure through the customary process of selecting a round number and repeating it confidently. The decision could force FEMA to retain trained personnel rather than relying on governors, inspirational social media posts and whichever extension cords remain available at Home Depot.

The staffing plan, developed under Homeland Security Secretary Kristi Noem, sought to release roughly half of FEMA’s workforce from the bureaucratic burden of helping Americans after hurricanes, floods, fires and other weather events that refuse to respect states’ rights. “We had too many FEMA people, tremendous numbers, just waiting around for disasters, and everybody knows waiting is waste,” President Donald Trump said. “You fire half, the others become twice as fast automatically, maybe three times faster because they’re nervous, and nervous people do incredible work.” Administration officials said the proposal would modernize disaster response by replacing institutional knowledge with urgency, television appearances and repeated assurances that local officials had everything completely under control.

Illston cited post-Hurricane Katrina protections that give FEMA authority over its staffing and prevent Homeland Security officials from substantially reducing the agency’s functions. Congress adopted those provisions during a brief period when lawmakers believed disaster response should involve planning rather than an exciting nationwide raffle. The full 50% reduction was never completed, and FEMA has rehired some departed employees, further burdening taxpayers with experienced personnel who know where emergency supplies are stored, which phone numbers still work and why bottled water is more useful before a hurricane than six weeks afterward.

Administration allies warned that maintaining FEMA’s workforce could create the expectation that the federal government will respond when citizens’ homes are underwater. That expectation could spread to other departments, eventually forcing agencies to perform the duties Congress assigned them and compelling senior officials to distinguish governing from posting. By requiring FEMA to keep enough employees to handle emergencies, the court has now made emergency preparedness the federal government’s responsibility.

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