Attorney General Charity Clark and a coalition of 23 states secured a court order on Mar. 6 requiring the Federal Emergency Management Agency (FEMA) to reverse its termination of the Building Resilient Infrastructure and Communities Program (BRIC) and restore billions in funding for communities relying on these resources.
The decision comes as many communities across the nation depend on BRIC funds to strengthen infrastructure against natural disasters. The program has supported mitigation efforts that save lives, protect property, and reduce post-disaster costs.
The legal dispute began when Attorney General Clark and other state officials filed a lawsuit on July 16, 2025, seeking to prevent FEMA from ending the BRIC program. The lawsuit cited delays, reductions, and cancellations of hundreds of mitigation projects due to the termination. A court ruled in favor of the coalition on December 11, declaring FEMA’s action unlawful and ordering restoration steps. However, with no indication that FEMA had complied by February 17, another motion was filed to enforce compliance.
The new order requires FEMA to make pre-disaster mitigation funds available as required by law. It also mandates communication with states about current BRIC project statuses and submission of status reports detailing actions taken or planned for compliance. Additionally, FEMA must issue a fiscal year 2024 Notice of Funding Opportunity for BRIC within three weeks.
Over four years, nearly 2,000 projects have been selected nationwide for approximately $4.5 billion in BRIC funding. In Vermont specifically, these funds support planning infrastructure projects aimed at reducing risks from natural disasters such as floods. One example is Brattleboro’s Lower Whetstone Brook Project Scoping Study—intended to assess floodplain restoration—which was canceled following funding disruptions.
Other attorneys general joining Clark include those from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York North Carolina Oregon Rhode Island Washington Wisconsin along with governors from Pennsylvania and Kentucky.
