Blackhawk GHAD Wins Important FEMA Arbitration on Public Assistance Eligibility

Good news for Geologic Hazard Abatement Districts (GHADs)  across California—Blackhawk GHAD has won an important arbitration against FEMA.

In a February 24, 2026, decision, the Civilian Board of Contract Appeals (Board) ruled that Blackhawk GHAD does have the legal authority under California law to perform disaster-related work on private property, making it eligible to seek FEMA Public Assistance for permanent repairs and debris removal. This directly overturns FEMA’s long-standing position that GHADs lack the necessary legal responsibility—an issue that has affected funding efforts for years.

The Board decision confirms that:

• GHADs, as public entities, can act on private property to address geologic hazards
• Legal authority (not a mandatory obligation) is the key standard for FEMA eligibility

Proper agreements with property owners support that authority

This is a precedent-setting decision that strengthens the ability of GHADs statewide to access FEMA funding for landslide and geologic hazard response—especially where work must occur on private property.

The case now goes back to FEMA to evaluate the scope of repairs and costs, which had never been reviewed because the application was previously denied on legal grounds. 

Questions? Please contact us for more information about our Land Use practice and legal advice tailored to your specific situation. 

Patricia Curtin is a land use attorney in Fennemore’s Walnut Creek office. She assists clients in processing and obtaining approvals for complex master planned and mixed-use projects, market rate and affordable housing projects, logistic centers, hotels and resorts, educational and medical facilities; drafting and negotiating development, disposition, annexation, reimbursement, school mitigation, and affordable housing agreements; application of density bonus laws, streamlining processes for development applications, and affordable housing opportunities. She also assists clients in complying with CEQA and in creating assessment and other financing districts. She can be reached at pcurtin@fennemorelaw.com.