A coalition of 20 U.S. states, primarily led by Democrats, has launched a major court battle to stop the Trump administration’s decision to end the Building Resilient Infrastructure and Communities (BRIC) initiative. Accusations of overreach and federal law infractions followed the Federal Emergency Management Agency’s (FEMA) cancellation in April of a multibillion-dollar program intended to finance infrastructure upgrades to defend against natural disasters. The case, which was filed in a federal court in Boston, highlights that the Trump administration is sued over cuts to disaster prevention grants and the increasing conflict between the administration and states on federal financing and disaster preparedness, especially as climate-driven disasters become more severe.

Unlawful Termination of a Critical Program

The states, led by Massachusetts and Washington, contend that FEMA was not authorised to unilaterally terminate the BRIC program, which was authorised and funded by Congress. According to the lawsuit, the Trump administration sued over cuts to disaster prevention grants, and the termination is alleged to violate both federal law and the U.S. Constitution, as it contradicts Congress’s intention for disaster mitigation to be a primary responsibility of FEMA.

In 2018, the BRIC program was established to support projects such as flood walls, evacuation shelters, and road and bridge upgrades, covering up to 75% of infrastructure project expenses (90% in rural areas). FEMA has spent around $4.5 billion on over 2,000 projects over the last four years, many of which have benefited hurricane– and flood-prone coastal regions. The states claim that the sudden termination, which was implemented by acting FEMA head Cameron Hamilton and his successor David Richardson, who were both allegedly wrongfully appointed, violates the agency’s mission and puts communities that depend on these monies at risk.

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Broader Implications for Disaster Preparedness

The lawsuit raises more general issues regarding the Trump administration’s disaster management strategy, particularly given the recent floods in Texas that killed over 130 people. Attorney General Andrea Campbell of Massachusetts emphasized the importance of federal funding to states’ efforts to prepare for and mitigate the effects of natural disasters. For towns already struggling with the rising frequency and intensity of climate-related disasters, the end of BRIC, FEMA’s premier pre-disaster mitigation program, is viewed as a blow.

The states contend that the program’s absence increases their vulnerability and are requesting a preliminary injunction to restore it while the case is pending. There has been continuous conflict over the administration’s disaster funding policies, as evidenced by a similar lawsuit filed in May by several of the same states, which challenged a policy that tied emergency preparedness payments to collaboration with federal immigration enforcement.

Bipartisan politicians have also criticised the issue, calling on FEMA to reinstate the payments in May, especially for rural and tribal populations. FEMA’s justification for ending BRIC, which was that it was politicised, inefficient, and wasteful, has been questioned because the program was widely considered an essential resilience tool. As the lawsuit progresses, it raises important questions regarding the future of disaster preparedness in an era of increasing climate challenges, as well as the allocation of authority between Congress and federal agencies.

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