Commentary: Not Every Loss From the Hermit's Peak Fire Fits on a Receipt
Brian Colón, New Mexico Managing Partner at Singleton Schreiber, authored a guest commentary published by NM Political Report titled "Commentary: Not Every Loss From the Hermit's Peak Fire Fits on a Receipt," published on September 28, 2026.
Colón leads Singleton Schreiber's New Mexico offices and previously served as New Mexico State Auditor from 2019 to 2022. Colón and the firm represent thousands of victims of the Hermit's Peak-Calf Canyon (HPCC) Fire and have litigated against FEMA in federal court over the scope of compensation available under the law Congress passed for fire victims.
The commentary addresses FEMA's position that the law covers only losses with a price tag, such as homes, fences, businesses, and medical bills. A federal judge has ruled against FEMA on this question twice, ordering the agency to compensate victims for the emotional toll and inconveniences of the fire, as well as erosion damage and flooding. FEMA has appealed both rulings. The fire resulted from two prescribed burns by the U.S. Forest Service that merged into the largest wildfire in New Mexico's history, and Congress has set aside $5.45 billion to date to compensate victims.
"Congress passed a law to make HPCC victims whole, and Congress decided what 'whole' means. FEMA doesn't get to overrule that on its own," wrote Colón.