FEMA Disaster Mitigation Funding Restored After Legal Battle
A coalition of 23 states, led by Massachusetts Attorney General Andrea Joy Campbell and Washington Attorney General Nick Brown, has secured a court order compelling the Federal Emergency Management Agency (FEMA) to reinstate the Building Resilient Infrastructure and Communities (BRIC) program and restore billions in funding. The ruling follows a motion to enforce a previous court order issued in December 2025.
Background of the Legal Challenge
In July 2025, Attorney General Campbell and the coalition filed a lawsuit against FEMA to prevent the termination of the BRIC program. This action had already led to delays, scaling back, and cancellations of hundreds of mitigation projects nationwide dependent on the funding. The states argued that the Trump Administration’s attempt to end the program was unlawful and violated separation of powers principles, and that the FEMA administrator and his successor were not lawfully appointed by the President. State Impact Center
On December 11, 2025, the coalition won its initial case, with the court declaring the termination of the congressionally mandated program unlawful and ordering FEMA to reverse the decision. ENS Newswire
Court Order and FEMA Requirements
The latest court order, issued on March 7, 2026, requires FEMA to:
- Make pre-disaster mitigation funds available as required by statute.
- Communicate the status of current BRIC projects to the states.
- File status reports with the court outlining actions taken or planned to comply with the order.
- Issue a Fiscal Year 2024 Notice of Funding Opportunity for the BRIC program within 21 days.
BRIC Program Impact and Funding
For the past 30 years, the BRIC program has provided communities with resources to proactively strengthen infrastructure against natural disasters. The program supports a wide range of projects, including:
- Construction of evacuation shelters and floodwalls
- Safeguarding utility grids against wildfires
- Protection of wastewater and drinking water infrastructure
- Fortification of bridges, roadways, and culverts
- Levees and pump stations
- Earthquake retrofits and tornado saferooms
- Landslide protection and vegetation management for wildfire mitigation
- Shoreline upgrades
Over the past four years, FEMA has selected nearly 2,000 projects to receive approximately $4.5 billion in BRIC funding nationwide. Hoodline
Massachusetts Projects
Communities across Massachusetts have been awaiting BRIC funds for critical projects, including:
- Climate proofing for vulnerable Boston neighborhoods
- Bridge upgrades in Manchester-by-the-Sea
- Flood protection for the Blue Line tunnel connecting Logan Airport to Boston
- Flood and drought protection in Clarksburg
- A major coastal flood resilience project in Chelsea and Everett
- Local hazard mitigation planning for communities across the state
Statements from Officials
“Today’s order will allow critical mitigation projects that protect us against floods, wildfires, power outages, and other disasters to proceed and bring urgently needed relief to communities across the country,” said Attorney General Campbell. “But let’s be clear: the Trump Administration should have complied with the original court order in December instead of ignoring the law and leaving communities vulnerable to these disasters in the meantime.” Massachusetts Government
Joining Attorney General Campbell and Attorney General Brown in securing this order are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, Modern Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin, the governor of the Commonwealth of Pennsylvania, and the governor of the Commonwealth of Kentucky.