FEMA Pressured to Embrace Solar for Disaster Recovery

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In 2017, Hurricane Maria devastated the island of Puerto Rico (PR), killing approximately 2,975 people and causing $90 Billion in damage.

The actual number of people who died during Maria remains under dispute.

Initially, the Puerto Rican government, which operates semi-autonomously from the US, claimed that only 64 people died as a direct result of Hurricane Maria.

Amid significant pushback and accusations of a coverup, CNN and Puerto Rico’s Center for Investigative Journalism (CPI) sued the government to release the raw mortality data. 

Following a court victory for the press, the government commissioned an independent study by George Washington University's Milken Institute School of Public Health.

That study estimated the death toll at 2,975, a figure now adopted as the official count. 

Crucially, most of these were not 'direct' deaths from wind or rain, but excess deaths caused by Maria's aftermath, specifically the lack of access to power and medical care.

An authoritative study from Harvard University puts the toll much higher at approximately 4,645 people. 

Regardless of the exact number, Hurricane Maria qualifies as one of the deadliest disasters in U.S. history, driven largely by an unprecedented power grid collapse that left some residents in the dark for nearly 11 months.

What is Puerto Rico's Relationship to the US and FEMA?

Puerto Rico is an unincorporated territory of the United States. It has no voting representation on the floor of the House or Senate.

Puerto Ricans can't vote in presidential general elections unless they establish permanent residency within one of the 50 states or the District of Columbia.

Although Puerto Rico uses US dollars and people born there are US citizens by birth, the territory and its residents have very little practical say in American governance unless they leave the island permanently.

Despite this lack of political voice, the U.S. federal government remains legally bound to aid the island during natural disasters and other crises.

Under the Stafford Act, Puerto Rico is defined as a 'State' for the purposes of disaster assistance from the US federal government. 

Puerto Rico's residents are U.S. citizens and the Federal Emergency Management Agency (FEMA) is mandated to coordinate response efforts and deploy resources just as it would for a federal disaster declared in Florida, California, or Texas.

Just like in any other state, FEMA is also required to fund recovery efforts in the aftermath of a catastrophic event like Hurricane Maria. 

FEMA's legal obligations and PR's lack of a say in Washington creates an uneasy dynamic.

Puerto Rico lacks direct congressional leverage to dictate when, how, (and how much) of the disaster relief financing appropriated by Congress is made available and spent. 

But PR is fully entitled by law to the aid itself.

This imbalance makes the court system one of the few powerful tools Puerto Ricans have to hold FEMA accountable and ensure its statutory obligations are met in a way that truly serves the territory's future.

Puerto Rico's Grid Collapse and Legal Battle for a Renewable Future

Hurricane Maria was a Category 5 hurricane before making landfall at just a few miles per hour shy of an official designation.

Category 5 hurricanes are often devastating, but by no means unprecedented in the US and its territories. 

Billion-Dollar+ Category 5 Hurricane Disasters in the US and Territories Since 2000

Storm Name

Year

Peak Intensity

Landfall Location (US/Territory)

Landfall Intensity

Estimated Cost (USD)

Key Impact Notes

Hurricane Katrina

2005

Cat 5 (175 mph)

Louisiana/Mississippi

Cat 3 (125 mph)

$125 Billion

Costliest hurricane in US history. Massive surge caused levee failure in New Orleans.

Hurricane Rita

2005

Cat 5 (180 mph)

Louisiana/Texas Border

Cat 3 (115 mph)

$18.5 Billion

Triggered massive evacuations. Hit weeks after Katrina.

Hurricane Wilma

2005

Cat 5 (185 mph)

South Florida

Cat 3 (120 mph)

$27 Billion

Most intense Atlantic hurricane on record (pressure). 98% power outage in South FL.

Hurricane Maria

2017

Cat 5 (175 mph)

Puerto Rico

High Cat 4 (155 mph)

$90 Billion

Just 2mph shy of Cat 5 at landfall. Caused 11-month blackout and ~2,975 deaths.

Hurricane Irma

2017

Cat 5 (180 mph)

Florida / US Virgin Islands

Cat 4 (130 mph) / Eyewall Impact

$50+ Billion

Eyewall raked USVI with 185mph winds. Massive destruction across FL.

Hurricane Michael

2018

Cat 5 (160 mph)

Florida Panhandle

Cat 5 (160 mph)

$25 Billion

First Cat 5 to hit US mainland since 1992. Erased Mexico Beach.

Super Typhoon Yutu

2018

Cat 5 Equiv. (180 mph)

Northern Mariana Islands

Cat 5 Equiv. (180 mph)

Unknown (Significant)

Strongest storm to ever hit US soil. Devastated Tinian and Saipan.

Hurricane Ian

2022

Cat 5 (160 mph)

Southwest Florida

High Cat 4 (150 mph)

$113 Billion

Briefly Cat 5 over Gulf. Catastrophic storm surge in Fort Myers.

Hurricane Milton

2024

Cat 5 (180 mph)

Florida (Siesta Key)

Cat 3 (120 mph)

TBD (Significant)

Record tornado outbreak. Rapid intensification in Gulf shortly after Hurricane Helene.

Hurricane Maria was a devastating and rare extreme weather event, its power was not unique. 

Maria did more than just damage Puerto Rico's power grid.

It caused a total collapse that led to thousands of deaths and catastrophically exposed the fragility of the territory's electricity infrastructure as it existed in 2017.

In October 2025, a federal court ordered FEMA "to consider funding distributed solar and storage in Puerto Rico as it continues to obligate funds to rebuild the territory’s grid following 2017’s Hurricane Maria." 

The decision was rendered in response to a 2023 lawsuit filed by the Center for Biological Diversity and eight Puerto Rican community groups.

Howard Crystal, a legal director with the Center for Biological Diversity, celebrated the court order, saying, "This is a huge victory for Puerto Rican communities that have long suffered from an unstable, dirty grid and want reliable and climate-safe rooftop solar. We look forward to FEMA’s new review incorporating these alternatives.”

Through the passage of the One Big Beautiful Bill Act and other measures, the current Executive Branch and Congress have pivoted away from solar, wind, and other sources of renewable energy.

The plaintiffs cited a 2021 study that found that a grid with 75% distributed renewable energy, primarily generated by rooftop solar + storage hybrid systems, was viable for Puerto Rico.

According to the report, transitioning to rooftop solar + storage hybrid systems would be less expensive and risky than repairing or expanding conventional transmission line and transformer infrastructure tacked on to Puerto Rico's existing unreliable power grid.

The court order is encouraging for supporters of tapping renewables to improve energy security, but the outcome remains uncertain, for now.

Resources Cited

  1. Kennedy, Ryan. "Court Orders FEMA to Consider Distributed Solar and Storage for Puerto Rico Hurricane Recovery." PV Magazine USA, October 13, 2025. https://pv-magazine-usa.com/2025/10/13/court-orders-fema-to-consider-distributed-solar-and-storage-for-puerto-rico-hurricane-recovery.

  2. Federal Emergency Management Agency. "Robert T. Stafford Disaster Relief and Emergency Assistance Act, as Amended." U.S. Department of Homeland Security, May 2021. https://www.fema.gov/sites/default/files/documents/fema_stafford-act-2021-vol1.pdf.https://www.fema.gov/sites/default/files/documents/fema_stafford-act-2021-vol1.pdf.

  3. Kishore, Nishant, Domingo Marqués, Ayesha Mahmud, Mathew V. Kiang, Irmary Rodriguez, Arlan Fuller, Peggy Ebner, et al. "Mortality in Puerto Rico after Hurricane Maria." New England Journal of Medicine 379, no. 2 (July 12, 2018): 162–70. https://doi.org/10.1056/NEJMsa1803972.

  4. Milken Institute School of Public Health. "Ascertainment of the Estimated Excess Mortality from Hurricane Maria in Puerto Rico." George Washington University, August 28, 2018. https://publichealth.gwu.edu/sites/g/files/zaxdzs4586/files/2023-06/acertainment-of-the-estimated-excess-mortality-from-hurricane-maria-in-puerto-rico.pdf

  5. National Oceanic and Atmospheric Administration. "Costliest U.S. Tropical Cyclones." National Centers for Environmental Information, 2024. https://www.ncei.noaa.gov/access/billions/dcmi.pdf.

  6. CPI. “The Deaths of Hurricane María.” Centro de Periodismo Investigativo, 2023. https://periodismoinvestigativo.com/2018/09/the-deaths-of-hurricane-maria/.

  7. Energy.gov. “Puerto Rico Grid Recovery and Modernization,” 2025. https://www.energy.gov/gdo/puerto-rico-grid-recovery-and-modernization.

  8. Conca, James. “Puerto Rico Needs 50,000 Utility Poles.” Forbes, October 13, 2017. https://www.forbes.com/sites/jamesconca/2017/10/13/puerto-rico-needs-50000-utility-poles/.

  9. Houser, Trevor, and Peter Marsters. "The World’s Second Largest Blackout." Rhodium Group, April 12, 2018. https://rhg.com/research/puerto-rico-hurricane-maria-worlds-second-largest-blackout/.

  10. Jones-Shafroth Act (Jones Act). Public Law 64-368. U.S. Statutes at Large 39 (1917): 951.