Attorney General Nessel Sues Trump Administration for Unlawfully Cutting Billions in Disaster Mitigation Funding

LANSING — Michigan Attorney General Dana Nessel today joined a coalition of 20 states in suing the Trump Administration (PDF) over its decision to illegally shut down the Federal Emergency Management Agency’s (FEMA) bipartisan Building Resilient Infrastructure and Communities (BRIC) program, designed to protect communities from natural disasters before they strike.  

The BRIC program provides communities across the nation with resources to proactively fortify their infrastructure against natural disasters. By focusing on preparation, the program has protected property, saved money that would have otherwise been spent on post-disaster costs, reduced injuries, and saved lives. 

“Michigan has seen in recent years just how devastating severe storms and flooding can be,” Nessel said. “The BRIC program has proven effective at protecting lives and strengthening infrastructure before disasters strike. Shutting it down is not only unlawful but – as the recent tragedy in Texas makes all too clear – recklessly dangerous. It undermines the ability of communities to prepare for, withstand, and recover from future weather threats. I will continue to stand up for Michiganders against such illegal and irresponsible actions by the Trump Administration.”

Responding to the catastrophic losses resulting from Hurricane Katrina and its aftermath, Congress passed a law requiring FEMA to protect communities through four interrelated functions—mitigation, preparation, response, and recovery. The BRIC program is the core of FEMA’s pre-disaster mitigation efforts. A recent study concluded that every dollar FEMA spends on mitigation saves an average of six dollars in post-disaster costs.  

The BRIC program supports otherwise difficult-to-fund projects, such as constructing evacuation shelters and flood walls, safeguarding utility grids against wildfires, protecting wastewater and drinking water infrastructure, and fortifying bridges, roadways, and culverts.  

The impact of the BRIC program’s termination has been devastating, with communities across the country being forced to delay, scale back, or cancel hundreds of mitigation projects depending on this funding. Projects that have been in development for years and in which communities have invested millions of dollars are now threatened. And now, Americans from coast to coast will face a higher risk of harm from natural disasters.    

Over the past four years, FEMA has selected nearly 2,000 projects to receive roughly $4.5 billion in BRIC funding nationwide. Michigan had 24 open projects selected for BRIC funding, totaling more than $29 million in federal funding. These projects include:

• Two flood reduction and stormwater projects in Southeastern Michigan to prevent flooding;
• The construction of a community saferoom shelter in Allegan County, located on a Salem Township campground that draws 25,000 visitors in peak summer seasons, to protect campers from severe weather; and
• The training of local building inspectors on Michigan’s recently updated building codes that focus on disaster resilience.

With the BRIC program terminated, each of the open projects in Michigan will be cancelled, unless other funding can be located.  

Attorney General Nessel and the coalition argue that FEMA’s decision to abruptly terminate the BRIC program is in direct violation of Congress’s decision to fund it. The Executive Branch has no lawful authority to unilaterally refuse to spend funds appropriated by Congress. They also assert that shutting down the BRIC program violates the Separation of Powers and the Administrative Procedures Act. The coalition claims it also violates the Appointments Clause because Cameron Hamilton, who acted as FEMA Administrator and gave the directive to terminate the BRIC program, was never appointed by the President or confirmed by the Senate and therefore was acting as FEMA’s Administrator unlawfully.  

With this lawsuit, Attorney General Nessel 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 Nessel in filing this lawsuit are the Attorneys General of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the Governor of the Commonwealth of Pennsylvania.

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