Michigan Attorney General Dana Nessel has successfully obtained an injunction against the Trump administration's attempt to apply illegal conditions to Federal Emergency Management Agency (FEMA) grants. According to a press release from the Michigan Department of Attorney General, the federal court order blocks the administration from imposing such terms on two critical funding programs that support the state's emergency management and homeland security efforts.
In a lawsuit filed in November, Nessel led a coalition of 12 states challenging the administration for imposing unauthorized and unconstitutional grant conditions. The Trump administration had attempted to redefine FEMA’s role, burdening states with a reduced federal commitment and introducing unlawful stipulations for the Emergency Management Performance Grant (EMPG) and the Homeland Security Grant Program (HSGP). These grants are essential for various state-level operations, including terrorism prevention and disaster relief.
The Assistant Attorney General Neil Giovanatti was recognized by Nessel for his adept representation before the court, which played a crucial role in securing the positive outcome for the coalition. "The Trump administration has shown time and again a disregard for the rule of law and for the safety of the people they are meant to serve," Nessel stated, emphasizing the importance of upholding legal protections for her constituents and the integrity of emergency funding.
The conditions imposed by the federal government were found to be capricious and beyond the scope of the agency’s statutory authority by the United States District Court for the District of Oregon. As reported by the Michigan AG's office, the imposed terms included an improper funding hold on one grant and unreasonable changes to the expenditure timeline for both grants, which were deemed arbitrary due to the lack of consideration for the states’ reliance on these funds. States like Michigan rely on this funding for initiatives such as active shooter training for school personnel and law enforcement, as well as additional police support for federal operations.
Joining forces with Michigan in the lawsuit were Arizona, Colorado, Hawaii, Maine, Maryland, Nevada, New Mexico, North Carolina, Oregon, Wisconsin, and the Governor of Kentucky. The court order on Tuesday vacated the contested grant terms, granting permanent injunctive relief to the coalition. This ruling reaffirms the expectation that states can continue to utilize FEMA grants for their intended purposes without interference from the overreaches of federal authorities.
