by Patrick Lohmann, Source New Mexico

This article was produced in partnership with Source New Mexico, which was a member of ProPublica’s Local Reporting Network in 2023. Sign up for Dispatches to get stories like this one as soon as they are published.

Victims of New Mexico’s biggest wildfire could receive hundreds of millions of dollars from the federal government for the hardship they endured when the blaze roared across their land in 2022 after the U.S. Forest Service accidentally ignited it.

U.S. District Judge James Browning said at the end of a hearing in Albuquerque, New Mexico, on Tuesday that he was “leaning” toward ruling for fire victims who sued the Federal Emergency Management Agency last year for limiting the types of damages it would pay for. Browning said he would issue a ruling as soon as possible, but likely not until next month.

The lawsuit centers on FEMA’s determination that a federal law allows it to pay victims for economic losses but not emotional harm, which Source New Mexico and ProPublica reported on in January. Lawyers for fire victims said some people who owned little of value would not get enough money to rebuild unless FEMA paid for emotional harm.

If Browning does side with victims, FEMA could be required to compensate them for the stress of fleeing the fire, the distress they felt as it burned their trees and the toll of losing their home and possessions — what victims’ lawyers describe in legal filings as “annoyance, discomfort and inconvenience.”

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