On July 16, the attorneys general of 20 states, including New York and New Jersey, jointly filed a lawsuit against the Federal Emergency Management Agency (FEMA) to protest the suspension of a disaster preparedness grant program. They are requesting the court to overturn the decision to terminate the funding and restore the allocation that has been used long-term to assist states and local governments in mitigating natural disasters.
The lawsuit alleges that FEMA abruptly halted the “Building Resilient Infrastructure and Communities” (BRIC) program in April of this year. This program has invested billions of dollars over the years to help improve infrastructure across the country and reduce losses caused by natural disasters.
The attorneys general emphasized that bipartisan consensus was reached in Congress nearly 30 years ago, recognizing that “preventing disasters before they happen is more cost-effective and can save lives.” Statistics show that for every dollar invested in disaster preparedness, six dollars in post-disaster costs are saved. To date, this program has prevented over $150 billion in losses in the United States.
New York Attorney General Letitia James criticized the decision for putting millions of New Yorkers at risk of floods, wildfires, and other natural disasters. California Attorney General Rob Bonta pointed out that while the aim of the Trump administration was to combat waste and fraud, it has jeopardized public safety.
The lawsuit has been filed in the federal district court of Massachusetts, and the defendants include FEMA, current FEMA Administrator David Richardson, the Department of Homeland Security, Secretary of Homeland Security Kristi Noem, and the United States federal government.
The lawsuit argues that both former FEMA Administrator Hamilton and his successor Richardson do not have the constitutional qualifications required and lack the authority to terminate the BRIC program, infringing on Congress’s budgetary authority.
This lawsuit comes at a time when multiple states in the U.S. are experiencing extreme weather events. Recently, over a hundred people died in flooding in Kerr County, Texas, while New York and New Jersey have also been hit by heavy rainfall causing subway flooding and transportation disruptions. New York City Mayor Adams expressed support for the lawsuit and has submitted legal opinions to the court.
The attorneys general of the 20 states are seeking the court to revoke FEMA’s decision to terminate the BRIC program and prohibit the Trump administration from reallocating the $400 million in BRIC funds. Participating states in the lawsuit include Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.
A spokesperson for the U.S. Department of Justice has not publicly responded to the lawsuit.