Attorney General Charity Clark, along with 23 other states, has won a lawsuit against the Trump Administration regarding the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program. The court ruled that FEMA could not terminate the BRIC program and must restore funding to affected communities.
“I am thrilled that today a federal court has agreed with our argument that ending FEMA’s BRIC program, after Congress funded it, is illegal,” said Attorney General Clark. “This is a win not only for Vermont communities devastated by severe floods, but for every community in this country experiencing the impacts of climate disasters.”
The BRIC program was established to help communities prepare for natural disasters before they occur. Over four years, FEMA selected nearly 2,000 projects across the United States for approximately $4.5 billion in funding. In Vermont alone, 36 projects have been chosen by the Department of Public Safety and its subgrantees to receive more than $5 million through this program. The funds are mainly used to plan and design infrastructure aimed at reducing disaster risks such as flooding.
The court found that FEMA’s decision to abruptly end the BRIC program violated Congress’s intent in appropriating these funds. The judge also determined that FEMA’s actions breached constitutional principles including Separation of Powers and clauses related to appropriations and spending.
Attorney General Clark filed the lawsuit together with attorneys general from several states including Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Washington and Wisconsin; as well as governors from Kentucky and Pennsylvania.
A copy of the court’s decision can be accessed on the Vermont Attorney General’s website.
