Maryland AG Secures Federal Order Protecting Critical FEMA Funding for Emergency Preparedness

Maryland, along with a coalition of 12 other states, has successfully obtained a federal court order that prevents the Trump administration from imposing unlawful conditions on vital Federal Emergency Management Agency (FEMA) grant funding. This legal action, initiated by Maryland Attorney General Anthony G. Brown, aims to ensure that states have access to the necessary resources for emergency management, disaster relief, and homeland security operations without undue federal interference. The ruling by the United States District Court for the District of Oregon upholds the states’ ability to utilize grant funds as originally intended.

The lawsuit, filed in November, challenged actions taken by the Trump administration, including Secretary Kristi Noem, the Department of Homeland Security, and FEMA. These actions involved allegations of unlawfully impeding grants that had already been allocated to the states. Attorney General Brown emphasized the critical nature of this funding, stating that it is essential for emergency responders to act swiftly in the wake of disasters that disrupt the lives of Maryland residents. The court’s decision is seen as a crucial step in safeguarding these resources when lives are potentially on the line.

Since the beginning of the Trump administration, there have been efforts to reduce FEMA’s role and shift more responsibility for emergency management onto the states. This has reportedly included denying or restricting requests for emergency declarations, withholding grant funding, and imposing new terms on existing grants that were considered irrelevant and unconstitutional. Similar challenges to these administrative actions have seen success in prior legal battles, with a previous case, *Illinois v. FEMA*, resulting in a favorable outcome for state plaintiffs.

The coalition of states argued that the conditions attached to the Emergency Management Performance Grant (EMPG) and the Homeland Security Grant Program (HSGP) were not only illegal but also practically impossible to meet. These new stipulations reportedly deviated significantly from established practices and served as barriers for states attempting to access and utilize the grant funds.

For Maryland, these grants are fundamental to its emergency management infrastructure. The EMPG, for instance, contributes over $18 million to the Maryland Department of Emergency Management, supporting a substantial portion of the state’s emergency preparedness capabilities. Additionally, the HSGP provides federal financial assistance to states for homeland security initiatives and terrorism prevention efforts.

The federal government had previously placed an improper funding hold on one of the grants and altered the expenditure timelines for both the EMPG and HSGP. The District Court determined that these imposed terms violated the Administrative Procedure Act in multiple ways. Specifically, the court found that the funding hold on the EMPG exceeded the government’s statutory authority, was contrary to existing law, and was an arbitrary and capricious action. Similarly, the altered timelines for both grant programs were deemed arbitrary and capricious because FEMA allegedly disregarded the states’ reliance on the original terms and failed to provide adequate justification for the changes. The court’s order on December 23 vacated these contested terms and permanently barred FEMA from implementing them, restoring the original grant conditions.

In addition to Attorney General Brown, the Attorneys General of Arizona, Colorado, Hawaiʻi, Maine, Michigan, Nevada, New Mexico, North Carolina, Oregon, and Wisconsin, along with the Governor of Kentucky, joined in this successful legal effort to protect the integrity of FEMA grant funding.

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

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