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Judge Blocks FEMA From Diverting $4 Billion in Resilience Funds

This decision safeguards FEMA’s pre-disaster mitigation funding pending a final court determination

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U.S. flag and Judge gavel are seen in this illustration taken on August 6, 2024. REUTERS/Dado Ruvic/Illustration/File Photo

Overview

  • U.S. District Judge Richard G. Stearns issued a preliminary injunction on August 5 to prevent FEMA from reallocating $4 billion approved by Congress for the BRIC program.
  • A coalition of 20 Democrat-led states sued in July, contending that FEMA lacks authority to terminate the Building Resilient Infrastructure and Communities initiative and repurpose its grants.
  • Stearns ruled that FEMA’s cancellation of new funding opportunities and notifications to stakeholders demonstrated an intent to end the mitigation program without legislative approval.
  • Since its creation in 2018, BRIC has funded more than 2,000 projects—from levees and flood walls to grid upgrades—aimed at lowering future disaster costs and saving lives.
  • The lawsuit remains pending, and the injunction holds the funds in reserve until the court issues a final judgment, with FEMA able to seek emergency access only under extraordinary disaster conditions.