LANSING, MI — Michigan Attorney General Dana Nessel has aligned with a coalition of 20 states to file a lawsuit against the Trump Administration, challenging its sudden and purportedly illegal termination of a vital disaster mitigation program managed by the Federal Emergency Management Agency (FEMA). This lawsuit aims to overturn the administration’s decision to dismantle the Building Resilient Infrastructure and Communities (BRIC) program, a federal initiative intended to assist communities in preparing for and mitigating the effects of natural disasters.
The BRIC program, created as a bipartisan initiative, has allocated billions in federal funding for projects focused on strengthening infrastructure against the escalating risks posed by extreme weather. Since its launch, FEMA has sanctioned nearly 2,000 BRIC-funded projects, amounting to around $4.5 billion across the country. In Michigan specifically, 24 ongoing projects, with a combined funding of over $29 million, are now at risk.
“Michigan has seen in recent years just how devastating severe storms and flooding can be,” said Nessel. “Shutting down the BRIC program is not only unlawful, it’s recklessly dangerous. It undermines our ability to prepare for and recover from natural disasters.”
“Nearly thirty years ago, both Democrats and Republicans in Congress recognized a simple fact: Preparing for disasters, instead of just reacting to them, saves money and lives,” said California Attorney General Rob Bonta. “Yet in the name of cutting waste, fraud, and abuse, President Trump and his lackeys have once again jeopardized public safety with their indiscriminate slashing of pre-disaster mitigation funding. We’re taking them to court – not because we want to, but because we have to. As we continue to build a climate resilient California, we deserve a federal government that is a partner, not a roadblock in our efforts – and that’s exactly what Congress intended.”
“We can look to the many recent natural disasters, such as the devastating California wildfires in January and the tragic flooding that occurred in Texas earlier this month, and witness the heartbreaking destruction and loss of life these events can cause,” Attorney General Kwame Raoul said. “We must do all we can to prepare for disasters and protect our communities. That’s why I’m standing with my fellow attorneys general to protect this important program.”
From Flood Prevention to Safer Shelters
Among Michigan’s now-threatened projects:
- Flood reduction and stormwater infrastructure projects in Southeastern Michigan,
- A community saferoom shelter in Allegan County, located at a popular campground that attracts over 25,000 summer visitors,
- Training programs for local building inspectors on Michigan’s updated disaster-resilient building codes.
Without BRIC funding, these projects will be delayed, downsized, or canceled outright, forcing local governments to scramble for alternative funding or abandon initiatives altogether.
Legal Grounds for the Lawsuit
The lawsuit, which has been submitted to federal court, contends that FEMA’s choice to end BRIC funding infringes upon the U.S. Constitution, Congressional authority, and several federal statutes, including the Administrative Procedure Act and the Appointments Clause. Central to this legal dispute is the assertion that Cameron Hamilton, who directed the termination of the BRIC program while serving as FEMA Administrator, did not possess the legal authority to do so, as he was neither appointed by the President nor confirmed by the Senate.
The coalition is seeking a preliminary injunction to prevent the reallocation of BRIC funds, along with a permanent injunction aimed at reinstating the program and requiring FEMA to continue funding essential disaster preparedness initiatives.
Nessel is accompanied in the lawsuit by the attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, along with Pennsylvania Governor Josh Shapiro.
This lawsuit arises following recent calamities, such as the fatal flooding in Texas, which have highlighted the critical need for proactive disaster preparedness. A study commissioned by FEMA revealed that for every dollar spent on mitigation, an average of six dollars is saved in recovery costs after a disaster.
“Communities across America are now more vulnerable because of this short-sighted decision,” Nessel said. “We are fighting back to restore a program that saves lives, protects infrastructure, and helps states like Michigan plan for an uncertain climate future.”