Michigan Attorney General Dana Nessel, along with a coalition of 22 other states and the District of Columbia, secured a courtroom triumph over the Trump Administration’s attempt to discontinue the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities (BRIC) program, which has been a cornerstone in disaster preparedness funding. According to information shared by Michigan's Attorney General's office, a lawsuit was successfully won to prevent the administration from shutting down this critical initiative that has contributed to fortifying communities against natural disasters for over 30 years.
Focusing on preemptive measures to protect infrastructure before calamity strikes, the BRIC program aids states, tribal, and local governments in mitigating disaster impacts—prioritizing preparation rather than mere recovery. Acknowledging the program's significance, Nessel stated in the same press release, "The BRIC program has saved lives, and I am relieved that the Court has rejected the Trump Administration’s attempt to illegally divert critical infrastructure funding that helps our communities prepare for and withstand natural disasters." Nessel also reaffirmed her dedication to safeguarding Michiganders' reliance on such essential resources.
Originating post-Katrina, Congress had mandated FEMA to uphold four key disaster management functions—mitigation, preparation, response, and recovery. Within this framework, BRIC’s role in mitigation is central. The requirement for cost-effective projects under this program means that for every dollar FEMA allocates to mitigation, studies have shown a savings of six dollars in post-disaster costs. The program funds a range of infrastructure enhancements that include fortification of evacuation shelters, flood walls, utility grids against wildfires, drinking water systems, and transportation nodes—bridges, roadways, and culverts among them.
Following a marked precedence over the past four years, FEMA allocated nearly $4.5 billion in BRIC funds to about 2,000 projects nationwide, with Michigan alone receiving over $29 million for 24 projects. The court decisively ruled that FEMA's attempt to end the BRIC program was not only against Congress’s funding decisions but also a breach of the Separation of Powers, the Appropriations and Spending Clauses, and the Administrative Procedure Act. This ruling mandates the continuation of the BRIC program and the reinstatement of the essential funds that are its lifeblood.
The collective legal effort involved attorneys general from states including Arizona, California, Colorado, and many others—the governors of Kentucky and Pennsylvania also joined the fray. The decision reinforces the principle that appropriations by Congress can not be ignored or diverted by the Executive Branch capriciously, ensuring that communities across the nation can continue to benefit from FEMA's proactive disaster mitigation strategies, according to Michigan's Attorney General's office.
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