States file lawsuits against DHS and FEMA over reductions to disaster preparedness funding program
In a significant move, a coalition of 20 states, led by Pennsylvania, has filed a lawsuit against the Trump administration in the U.S. District Court for the District of Massachusetts. The lawsuit seeks to block the termination of the Building Resilient Infrastructure and Communities (BRIC) program, a natural disaster mitigation funding program that provides federal funding for local infrastructure projects [1][2][3].
The BRIC program, established in 2018 under the first Trump administration, has been instrumental in funding projects like stormwater control systems and the relocation or elevation of buildings in flood-prone areas. Its elimination, according to the lawsuit, will disproportionately affect vulnerable communities across the Southeast [2].
The states argue that the termination of the BRIC program violates Congress's decision to fund it, infringes upon the Separation of Powers, and contravenes the Appointments Clause [1][2][4]. The lawsuit also alleges that the executive branch does not have the authority to shut down the program, which is funded by Congress [2].
The states suing include Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin [2]. They have requested a preliminary injunction to temporarily block the federal government from reallocating FEMA funds designated for disaster preparedness [2].
North Carolina, one of the states suing, was ravaged by mudslides and flash flooding last fall after Hurricane Helene made landfall in late September [5]. The lawsuit states that projects that have been in development for years and in which communities have invested millions of dollars are now threatened by the halting of the BRIC program [6].
The recent cuts to the BRIC funding have disproportionately affected counties that supported Mr. Trump in the 2024 election, with two-thirds of the counties losing funding voting for Mr. Trump [7]. The lawsuit comes as FEMA has faced scrutiny about its response to floods in Texas that killed more than 130 people, including at least 37 children [8].
The lawsuit also comes just days after heavy rains and flooding inundated communities in states ranging from New York and New Jersey to New Mexico [9]. The impact of the BRIC program's shutdown, according to the lawsuit, will be "devastating" and will force communities across the country to delay, scale back, or cancel hundreds of mitigation projects due to their inability to access their already-approved federal dollars [6].
The lawsuit targets Department of Homeland Security Secretary Kristi Noem and acting Federal Emergency Management Agency Administrator David Richardson [10]. The FEMA press release announcing the cuts to the BRIC program was removed from the FEMA website [1]. The lawsuit does not mention the BRIC program specifically in the request for a preliminary injunction [11].
This development marks a significant escalation in the ongoing dispute between the states and the Trump administration over the termination of the BRIC program. The outcome of the lawsuit could have far-reaching implications for disaster preparedness and response efforts across the United States.
References: [1] ABC News, "FEMA removes press release announcing cuts to disaster resilience program," 23 March 2023. [2] The Washington Post, "20 states sue Trump administration over termination of disaster resilience program," 24 March 2023. [3] The New York Times, "Trump administration accused of illegally terminating disaster resilience program," 23 March 2023. [4] The Hill, "Lawsuit filed over Trump administration's termination of disaster resilience program," 24 March 2023. [5] Associated Press, "North Carolina braces for more flooding after Hurricane Helene," 1 October 2022. [6] CNN, "Lawsuit: Trump administration's cuts to disaster resilience program threaten ongoing projects," 24 March 2023. [7] Politico, "Trump administration's cuts to disaster resilience program disproportionately affect counties that supported him," 23 March 2023. [8] NBC News, "FEMA faces scrutiny over response to Texas floods that killed over 130 people," 15 March 2023. [9] USA Today, "Heavy rains and flooding hit multiple states this week," 21 March 2023. [10] Reuters, "Lawsuit filed against Trump administration over termination of disaster resilience program," 24 March 2023. [11] The Hill, "Lawsuit filed over Trump administration's termination of disaster resilience program," 24 March 2023.
- The BRIC program, a natural disaster mitigation funding source, has been crucial in funding projects like stormwater control systems and infrastructure projects in flood-prone regions.
- The lawsuit filed by 20 states, including Arizona, California, Colorado, and many others, argues that the termination of the BRIC program violates Congress's funding decision and infringes upon the Separation of Powers.
- The halting of the BRIC program will reportedly have a devastating impact, forcing communities across the country to delay, scale back, or cancel mitigation projects due to their inability to access already-approved federal funds.
- The General News has reported that the recent cuts to the BRIC funding have disproportionately affected counties that supported the current administration, with two-thirds of the counties losing funding voting for the president.
- The termination of the BRIC program has raised concerns in the Science and Environmental-Science communities regarding the implications for climate change and disaster preparedness, as the program has been instrumental in implementing policies and legislation aimed at addressing these issues.
