Jerry J. Wright v. Director, Federal Emergency Management Agency

FAY, Circuit Judge:

Defendant-Appellant, the Director of the Federal Emergency Management Agency (“FEMA”), seeks reversal of a district court order granting summary judgment for plaintiff-appellee, whose home had been covered by a flood insurance policy issued under the National Flood Insurance Program. The district court held that a regulation promulgated by FEMA effective October 1, 1988, which eliminated an exclusion for ground level structures and contents of certain elevated buildings, applied retroactively to plaintiffs flood losses in August and September of 1985. Because we think that…