Summary Judgment Prevents Trump Administration from Illegally Shutting Down the FEMA BRIC Program
MADISON, Wis. – Attorney General Josh Kaul and a coalition of 20 states yesterday won summary judgment in their lawsuit against the Trump Administration over its unlawful attempt to shut down the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program, designed to protect communities from natural disasters before they strike.
The court’s decision prevents FEMA from terminating the BRIC program and requires the restoration of these funds.
“Ending this program would result in communities’ being less able to prepare for disasters,” said AG Kaul. “As this decision concludes, however, the Trump administration’s attempt to do that is unlawful.”
FEMA’s effort to cancel the BRIC program had resulted in the cancellation of dozens of projects across Wisconsin, including tornado safe rooms in Grant County and flood protection infrastructure along the Kickapoo River.
Thursday’s court decision affirms the coalition’s position that FEMA’s decision to terminate the BRIC program is in direct violation of Congress’s decision to fund it, and that the Executive Branch has no lawful authority to unilaterally refuse to spend funds appropriated by Congress. The judge also concluded that FEMA’s actions violate the Separation of Powers and Administrative Procedures Act.
Joining AG Kaul in filing this lawsuit were the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and the governor of the Commonwealth of Pennsylvania.
View this press release on the DOJ website here.
