Attorney General James Sues FEMA for Cutting Bipartisan Funding for Natural Disasters

NEW YORK – New York Attorney General Letitia James today joined a coalition of 19 other states in suing the Trump administration over its deadly decision to illegally shut down the Federal Emergency Management Agency’s (FEMA) bipartisan Building Resilient Infrastructure and Communities (BRIC) program, which has supported critical infrastructure to protect communities from disasters before they happen. Since the 1990s, FEMA has provided billions of dollars to state and local governments to support infrastructure improvements to prepare for natural disasters. These funds have been proven to save lives, protect property, and reduce the cost of rebuilding after a disaster strikes. While BRIC has received bipartisan support and funded projects in all 50 states, the administration abruptly and illegally terminated the program earlier this year, jeopardizing billions of dollars intended to help communities prepare for disasters nationwide. With this lawsuit, Attorney General James and the coalition are seeking a court order to stop the termination of the BRIC program and prevent the administration from illegally reallocating its funds.

“This administration’s decision to slash billions of dollars that protect our communities from floods, wildfires, and other disasters puts millions of New Yorkers at risk,” said Attorney General James. “New Yorkers depend on quality roads, floodwalls, and other vital infrastructure to keep them safe when disaster strikes. This administration has no authority to cut this program that has helped save countless lives, and I will continue to fight to ensure New York gets the support we need to prepare for dangerous natural disasters.”

The BRIC program provides financial and technical assistance to state, local, tribal, and territorial governments to implement new measures that protect communities from natural disasters. The program’s grants cover up to 75 percent of a project’s costs, and can rise to 90 percent for small rural communities, making them a critical lifeline. BRIC funding supports the construction of evacuation shelters and flood walls, protections for water and power infrastructure, and improvements to roads and bridges. Over the past four years, FEMA has selected nearly 2,000 projects from every corner of the country to receive roughly $4.5 billion in funding. Due to the unique threats they face, coastal communities have received the largest allocations over the past four years, with New York among the states receiving the most BRIC funding. 

New York has 38 BRIC projects throughout the state totaling over $380 million that are all in jeopardy as a result of the termination of the program. New York City, which is particularly vulnerable to flooding, is expecting to receive BRIC funds for 19 different projects. This includes $50 million for the Central Harlem Cloudburst Flood Mitigation Project, which is designed to provide flood protection measures to over 45,000 city residents vulnerable to flash flooding of the Harlem River. 

Multiple studies have shown that BRIC funds more than pay for themselves by preventing costly damage during disasters. Each dollar spent on mitigation saves an average of $6 in post-disaster costs, with some investments saving even more. BRIC program funds have helped avoid over $150 billion in costs and saved lives in communities throughout the country.

Despite the program’s success and longtime bipartisan support, the Trump administration unlawfully terminated the program in April 2025, diverting over $4 billion out of FEMA’s pre-disaster mitigation fund and into funds for post-disaster grants. This abrupt termination has jeopardized critical projects throughout the country. Communities have been forced to delay, scale back, or cancel hundreds of projects that depend on BRIC funding. Projects that have been in development for years, and in which communities have already spent millions of dollars for planning, permitting, and environmental review are now threatened. As a result, Americans across the country face a higher risk of harm from natural disasters.

Attorney General James and the coalition argue that the abrupt termination of BRIC is unconstitutional and illegal. Congress has written into law that disaster preparedness is a core part of FEMA’s mission and has appropriated funds for BRIC. Congress has also specified that the executive branch cannot alter this mission or reduce FEMA’s ability to carry out any of its core functions unless the law changes. FEMA also cannot refuse to spend congressionally appropriated funds in violation of the Constitution. In addition, Attorney General James and the coalition argue that President Trump’s FEMA administrator and his successor, who carried out BRIC’s termination, were not lawfully appointed to run FEMA and lack the authority to shut down the program.

With this lawsuit, Attorney General James and the coalition are seeking a preliminary injunction to prevent the Trump Administration from spending BRIC funds on other purposes and a permanent injunction to reverse the termination of the BRIC program and require the restoration of these critical funds to the communities relying on them.

Joining Attorney General James in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the governor of Pennsylvania.