Court Victory Reverses Cuts to Critical Disaster Preparedness Funding

Maryland Attorney General Anthony G. Brown, leading a coalition of 21 states and the District of Columbia, has secured a significant court victory that prevents the Trump administration from unlawfully cutting billions of dollars in funding designated for disaster preparedness. The lawsuit challenged the administration’s attempt to dismantle the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program, a vital initiative aimed at proactively protecting communities from natural disasters.

For three decades, the BRIC program has been instrumental in providing communities nationwide with the resources necessary to strengthen their infrastructure against the impacts of natural disasters. By emphasizing mitigation strategies, the program focuses on preventing damage and safeguarding lives and property before a disaster strikes, rather than solely on post-disaster recovery efforts. This approach is mandated by federal law enacted after Hurricane Katrina, which requires FEMA to address mitigation, preparation, response, and recovery.

The BRIC program plays a crucial role in funding essential but often challenging projects. These can include the construction of evacuation shelters, the development of flood walls, the protection of utility grids from wildfires, and the fortification of wastewater and drinking water infrastructure. Additionally, the program supports efforts to strengthen bridges, roadways, and culverts, all of which are critical for community resilience. The economic benefits of such mitigation efforts are substantial, with studies indicating that every dollar invested in mitigation can save an average of six dollars in post-disaster costs.

In the period between 2020 and 2023 alone, FEMA utilized BRIC funding to support nearly 2,000 projects across the country, totaling approximately $4.5 billion. Maryland itself received over $80 million in BRIC funds during this timeframe. However, the attempted termination of the program by FEMA earlier this year jeopardized funding for numerous projects, including crucial mitigation efforts designed to protect vulnerable areas like Crisfield and South Baltimore from flooding.

The court’s decision affirms the coalition’s argument that FEMA’s unilateral decision to terminate the BRIC program was unlawful and directly contradicted congressional intent to fund it. The ruling establishes that the executive branch does not possess the legal authority to withhold funds that have been appropriated by Congress. Furthermore, the judge determined that FEMA’s actions violated fundamental principles of the separation of powers, the Appropriations and Spending Clauses of the Constitution, and the Administrative Procedure Act. The court order mandates that FEMA cease its efforts to terminate the BRIC program and reinstate the funding to the communities that depend on it for essential disaster preparedness and resilience projects.

The states that joined Maryland Attorney General Brown in this legal challenge include Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. The Governor of the Commonwealth of Pennsylvania also participated in the lawsuit.

Article by Mel Anara, based upon information from the Maryland Attorney General’s Office.

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