Michigan Attorney General Dana Nessel, along with a coalition of 22 states and the District of Columbia, has won a lawsuit against the Trump Administration over its attempt to end the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program. The BRIC program is intended to help communities prepare for natural disasters by providing funding for infrastructure improvements before disasters occur.
Attorney General Nessel commented on the decision, stating, “The BRIC program has saved lives, and I am relieved that the Court has rejected the Trump Administration’s attempt to illegally divert critical infrastructure funding that helps our communities prepare for and withstand natural disasters. I remain committed to protecting the resources Michiganders depend on.”
Following Hurricane Katrina, Congress required FEMA to protect communities through mitigation, preparation, response, and recovery efforts. The BRIC program serves as a key part of these mitigation activities. According to a recent study cited in the press release, each dollar spent by FEMA on mitigation results in an average savings of six dollars in costs after disasters.
The BRIC program funds projects such as building evacuation shelters and flood walls, strengthening utility grids against wildfires, protecting water infrastructure, and reinforcing transportation structures like bridges and roadways. Over four years, FEMA has selected about 2,000 projects nationwide for approximately $4.5 billion in BRIC funding. In Michigan alone, 24 projects have been chosen for more than $29 million in federal support.
The court’s ruling confirms that FEMA’s decision to halt the BRIC program violated Congressional intent and that the Executive Branch cannot refuse to spend money allocated by Congress. The judge found that FEMA’s actions breached several legal principles including Separation of Powers and clauses related to appropriations and spending.
As a result of this decision, FEMA must continue the BRIC program and restore its funding.
Other states involved in filing the lawsuit include Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin; also participating were the governors of Kentucky and Pennsylvania.