Government
Twenty States Challenge Dismantling of FEMA Resilient Infrastructure Program
The end of FEMA's Building Resilient Infrastructure and Communities program abruptly halted funding for billions of dollars worth of projects, many already in development.
Collage illustration by Scott Hilling/ENR; original FEMA art by Getty Images/danielfela; lawsuit graphic courtesy of Office of the New York State Attorney General
Attorneys general from 20 states have joined forces to challenge the Trump administration's decision to eliminate the Federal Emergency Management Agency program that funds projects to proactively protect cities and coasts from flash flooding, storm surges and other natural disasters associated with extreme weather.
In a lawsuit filed July 16 in federal district court in Boston, the state officials contend that FEMA Acting Administrator Cameron Hamilton and his successor, David Richardson, lacked legal authority to unilaterally shut down in April the Building Resilient Infrastructure and Communities (BRIC) program. The suit further argues that they violated the U.S. Constitution by failing to spend funds passed by Congress for the program and attempting to find other uses for the funds. It is asking the court to prevent FEMA from using those funds elsewhere and to return BRIC funding to recipients.
Established by Congress in 2018 through the Disaster Recovery Reform Act, the program has distributed more than $5 billion for disaster mitigation projects since its inception.
The impact of the elimination of the BRIC program has been “devastating,” the states argue in their legal brief. Communities across the U.S. “are being forced to delay, scale back or cancel hundreds of mitigation projects depending on this funding. Projects that have been in development for years, and in which communities have invested millions of dollars for planning, permitting and environmental review are now threatened. In the meantime, Americans across the country face a higher risk of harm from natural disasters,” the attorneys wrote in the brief.
States party to the lawsuit include Arizona, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin and Pennsylvania.
In California, $1.26 billion had been set aside for hazard and disaster mitigation efforts through the BRIC program, but only $73.5 million had been obligated before the program was eliminated. In New York, 38 projects worth more than $380 million may be at risk, said New York Attorney General Letitia James.
Texas, where floods swept away more than 120 people in the Hill Country earlier this month, did not join the lawsuit. Of $667 million allocated from the BRIC program within Texas, approximately $157 million has already been obligated, according to its database.
Looking for quick answers on construction and engineering topics?
Try Ask ENR, our new smart AI search tool.
Ask ENR →
