A federal judge has halted an attempt by the Trump administration to divert more than $4 billion in federal disaster mitigation funds.
The preliminary injunction, granted Tuesday by U.S. District Judge Richard G. Stearns in Boston, freezes the administration’s efforts while the case proceeds. The ruling represents a major win for 20 states that sued to protect the Building Resilient Infrastructure and Communities (BRIC) program, an initiative designed to prepare communities for the growing threat of natural disasters.
“There is an inherent public interest in ensuring that the government follows the law, and the potential hardship accruing to the States from the funds being repurposed is great,” Stearns wrote in his decision. “The BRIC program is designed to protect against natural disasters and save lives.”
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The states, among them Massachusetts, California, New York, and Washington, argue that FEMA acted outside its legal bounds by attempting to terminate the program and reallocate its funding. They contend that because the money was specifically earmarked by Congress, any effort to redirect it would violate constitutional authority.
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“By proactively fortifying our communities against disasters before they strike, rather than just responding afterward, we will reduce injuries, save lives, protect property, and, ultimately, save money that would otherwise be spent on post-disaster costs,” the plaintiffs argued in their lawsuit filed in July.
Massachusetts Attorney General Andrea Campbell vowed to continue the legal battle, stating, “We will keep fighting to ensure that communities can adequately prepare for natural disasters.”
FEMA had initially announced the end of BRIC in an April press release. However, in later court filings, the agency’s acting chief, David Richardson, walked back the position, stating the agency was still “evaluating” whether to terminate or modify the program.
Despite this backpedal, Judge Stearns found FEMA’s actions inconsistent with that claim. He noted that the agency had already cancelled new funding opportunities and informed stakeholders not to expect further BRIC-related grants—evidence, he wrote, that FEMA was “inching towards a fait accompli.”
FEMA attorney Nicole O’Connor defended the agency’s authority at a hearing in July, arguing the funds were flexible and could be used for both disaster prevention and recovery. But Judge Stearns remained unconvinced that Congress had granted FEMA discretion to use the funds outside their original scope.
“The states have shown that the ‘balance of hardship and public interest’ lies in their favor,” Stearns added.
The BRIC program has funded a wide range of infrastructure projects, including electrical grid upgrades, levee construction for flood prevention, and the relocation of water treatment plants in at-risk areas, many of them serving rural populations.
FEMA has warned that the injunction could hinder its ability to respond swiftly to major disasters. However, the judge left room for flexibility, stating the administration could return to court to request a release of funds in the event of a disaster “of unprecedented proportions.”
Following the ruling, AP indicated in a report that a spokesperson for FEMA declined to comment.
