Attorney General Keith Ellison, along with attorneys general from 22 other states, has secured a court victory against the Trump Administration’s attempt to halt the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program. The court order prevents FEMA from shutting down the BRIC program, which is intended to help communities prepare for natural disasters.
The BRIC program has operated for three decades, providing funding for local, state, and tribal governments to strengthen infrastructure before disasters occur. The initiative supports projects such as building evacuation shelters and flood walls, improving utility grid safety against wildfires, and reinforcing water systems and transportation structures.
Attorney General Ellison stated: “I am extremely pleased to have prevented the Trump Administration from cutting essential disaster preparedness funding from Minnesota to fund Trump’s tax breaks for billionaires. However, it is absurd that we even had to file this lawsuit. Congress created the BRIC program to help states prepare for, respond to, and recover from natural disasters, and President Trump cannot simply order an end to that program. As I have said before, I do not wake up in the morning looking for reasons to sue Donald Trump. However, if his administration continues to violate the law and harm the people of Minnesota, then they leave me no choice but to take them to court.”
Following Hurricane Katrina, Congress required FEMA to focus on mitigation as part of four key disaster functions: mitigation, preparation, response, and recovery. Research shows that every dollar spent on mitigation saves about six dollars in future disaster costs.
Over four years, nearly 2,000 projects nationwide have received approximately $4.5 billion through BRIC funding. In Minnesota alone, these funds are used by counties updating hazard mitigation plans—funding that was at risk due to the attempted termination of the program.
The coalition filed its lawsuit on July 16 of this year; a preliminary injunction was granted on August 5. The latest court decision affirms that FEMA cannot terminate a congressionally funded program without legal authority and found violations of constitutional principles including Separation of Powers as well as federal appropriations laws.
The judgment restores BRIC funds so communities can continue their preparedness efforts.
Attorneys general joining Ellison included those from Massachusetts (Andrea Joy Campbell), Washington (Nick Brown), Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Michigan, New Jersey, New Mexico, New York, North Carolina Oregon Rhode Island Vermont Wisconsin; governors from Kentucky and Pennsylvania also joined.
