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20 States File Lawsuit to Reinstate FEMA’s BRIC Disaster Mitigation Program

The lawsuit asserts that the April termination overstepped Congress’s budget authority by relying on acting FEMA directors whose appointments were not lawful.

A barricade blocks a road during heavy rains, Sunday, July 13, 2025, in Kerrville, Texas. (AP Photo/Eric Gay)
A family walks by flood-damaged cars in North Plainfield, N.J., Tuesday, July 15, 2025. (AP Photo/Seth Wenig)
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Overview

  • The coalition filed suit on July 16 in the U.S. District Court for Massachusetts and sought a preliminary injunction to compel FEMA to resume BRIC grants.
  • The complaint names DHS Secretary Kristi Noem and acting FEMA administrators Cameron Hamilton and David Richardson, contending their appointments were invalid for terminating the program.
  • Since its launch in 2018, BRIC allocated roughly $4.5 billion to nearly 2,000 mitigation projects, including floodwalls and stormwater systems in communities nationwide.
  • States argue the Trump administration’s unilateral April decision to cancel a congressionally funded program violated the separation of powers and disrupted hundreds of planned resilience projects.
  • The court has not yet ruled on the injunction request as both sides prepare legal arguments over the scope of executive authority and FEMA’s leadership legitimacy.