Attorney General Aaron M. Frey, along with a coalition of 20 states, has won a lawsuit against the Trump Administration regarding its attempt to shut down the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program. The court order stops the administration from discontinuing the program, which is designed to help communities prepare for natural disasters.
The BRIC program has operated for three decades, providing resources that allow communities across the United States to strengthen their infrastructure before disasters occur. Its focus on mitigation aims to protect lives and property by supporting state, tribal, and local governments in preventing disaster-related harm.
“In Maine, we know we will see ice storms, floods, and nor’easters. This win means that our communities will be able to continue preparing for natural disasters instead of just reacting to them,” said Attorney General Frey. “It is obvious that the work to prepare for extreme weather events is essential for a safe and healthy state. We were not going to look the other way while the Administration deprives us of the ability to prepare.”
Following Hurricane Katrina, Congress passed legislation requiring FEMA to address four key functions: mitigation, preparation, response, and recovery. The BRIC program forms a central part of FEMA’s mitigation efforts. Projects funded through BRIC must be cost-effective; research indicates that each dollar spent on mitigation saves an average of six dollars in costs after disasters.
“Securing the continuation of federal mitigation funding through the BRIC program is a critical step for Maine’s communities to prepare for future disasters. We’re relieved by the court’s decision and remain committed to ensuring that Maine can access the resources it needs to build safer, more resilient infrastructure,” said Pete Rogers, Director of Maine Emergency Management Agency.
The BRIC initiative funds projects such as building evacuation shelters and flood walls, protecting utility grids from wildfires, securing water infrastructure systems, and reinforcing bridges and roads. Over four years, nearly 2,000 projects have been selected nationwide with approximately $4.5 billion allocated in funding.
The court determined that FEMA’s move to end BRIC violated Congressional authority since only Congress can decide how appropriated funds are spent. The judge found FEMA’s actions breached principles related to Separation of Powers as well as clauses governing appropriations and administrative procedures.
This ruling prevents FEMA from ending BRIC funding and mandates restoration of these resources for affected communities.
Joining Attorney General Frey in this lawsuit were attorneys general from Massachusetts (Andrea Joy Campbell), Washington (Nick Brown), Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont Wisconsin; also participating were governors from Kentucky and Pennsylvania.
Attorney General Frey thanked staff at Maine Emergency Management Agency for their support during this litigation process.
