Michigan Attorney General Dana Nessel has led a charge of 20 states in a legal battle against the Trump Administration, challenging its abrupt cessation of the Federal Emergency Management Agency's (FEMA) Building Resilient Infrastructure and Communities (BRIC) program. The coalition accuses the administration of illegally halting the mitigation funding initiative, which was designed to bolster communities against the ravages of natural disasters before they make landfall. According to a press release from the Attorney General's Office, the BRIC program has been critical in protecting property, curbing disaster-related expenditures, preventing injuries, and saving lives.
Under scrutiny is the BRIC initiative that has historically empowered municipalities throughout the country to reinforce their infrastructure preemptively. The cancellation of the program could have dire consequences, as it previously facilitated projects ranging from flood walls to the training of local building inspectors on updated, more resilient building codes. "Michigan has seen in recent years just how devastating severe storms and flooding can be," Nessel stated, pointing to the efficacy of the BRIC program, as mentioned in the same press release. "Shutting it down is not only unlawful but – as the recent tragedy in Texas makes all too clear – recklessly dangerous."
The lawsuit alleges that FEMA's decision violates a gamut of legislative and constitutional mandates, including the Separation of Powers and the Administrative Procedures Act, by cutting off funds earmarked for disaster mitigation that Congress had approved. The coalition also argues that Cameron Hamilton, who as acting FEMA Administrator terminated the BRIC program, was not lawfully serving in that role, never having been appointed by the President nor confirmed by the Senate.
Since its inception, FEMA's BRIC funding has selected nearly 2,000 projects and allocated about $4.5 billion nationwide. The cessation puts projects totaling more than $29 million in Michigan alone in jeopardy, which includes critical initiatives from flood reduction efforts to the construction of a community saferoom shelter. The Michigan Attorney General and the coalition seek a preliminary injunction to freeze BRIC funds from being diverted, with a permanent injunction aimed to overturn the cancellation of the BRIC program, ultimately restoring much-needed funds to the waiting communities. Joining Michigan in this legal action are a number of states, spanning from Arizona to Wisconsin and including the Governor of Pennsylvania.
