Landmark Victory: Court Blocks Attempt to Eliminate FEMA’s Disaster Preparedness Program
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A coalition of 21 state attorneys general and two governors have successfully halted the unlawful termination of the Building Resilient Infrastructure and Communities (BRIC) program, a critical initiative designed to fortify communities against increasingly frequent and severe natural disasters. The ruling, delivered by the United States District Court for the District of Massachusetts on December 11, represents a significant win for states nationwide and safeguards billions in funding for vital infrastructure projects.
Protecting Communities Before Disaster Strikes
The BRIC program, FEMA’s largest disaster preparedness initiative, provides financial and technical assistance to state, local, tribal, and territorial governments. These funds are allocated to proactive measures that mitigate disaster risk, including the construction of evacuation shelters and flood walls, bolstering water and power infrastructure, and improving roads and bridges. Since its inception, BRIC has enjoyed bipartisan support, recognizing the crucial need for pre-disaster mitigation.
Administration’s Attempt to Divert Funds Deemed Illegal
In April 2025, the previous federal administration moved to unlawfully terminate the BRIC program, diverting over $4 billion from FEMA’s pre-disaster mitigation fund to post-disaster grants. This action prompted a swift legal challenge led by New York Attorney General Letitia James, joined by a broad coalition of states and governors.
“From devastating wildfires to record-breaking storms, communities across the country are facing threats from increasingly destructive natural disasters,” said Attorney General James. “The BRIC program helps states prepare for these disasters and save lives. This decision is a major victory for New Yorkers and millions across the country whose lives and livelihoods were put at risk by this administration’s reckless attempt to eliminate this program.”
Legal Battles and Preliminary Injunction
Following the program’s termination, Attorney General James and the coalition filed a lawsuit against FEMA and the Department of Homeland Security (DHS) in July 2025. Shortly after, the court granted a preliminary injunction, preventing the dismantling of BRIC while the case proceeded. The District Court’s subsequent ruling on December 11 granted the coalition’s motion for summary judgment, definitively declaring the administration’s actions unlawful.
Impact on New York and Beyond
The termination of BRIC placed 38 projects in New York, totaling over $380 million, at risk. New York City, particularly vulnerable to flooding, stood to lose funding for 19 critical projects. The court’s decision ensures these projects, and countless others across the nation, can move forward.
The coalition that brought the suit included the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia, as well as the governors of Kentucky and Pennsylvania.
The court’s ruling effectively prevents the administration from terminating BRIC and redirecting its funds, safeguarding a vital resource for communities preparing for the escalating challenges of a changing climate.
