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AG Nessel Asks Court to Enforce Order Preventing Trump Administration from Unlawfully Cutting Billions in Disaster Preparedness Funding

LANSING – Michigan Attorney General Dana Nessel and a coalition of 23 states today filed a motion (PDF) asking the District Court of Massachusetts to enforce its order that prohibited the Federal Emergency Management Agency (FEMA) from terminating the Building Resilient Infrastructure and Communities Program (BRIC) and directed the agency to promptly take all steps necessary to reverse the termination. For the past 30 years, the BRIC program has provided communities across the nation with resources to proactively fortify their infrastructure against natural disasters. By focusing on mitigation and community resilience, the program has saved lives, reduced injury, protected property, and saved money that would have otherwise been spent on post-disaster costs.  

“Even after my colleagues and I went to court and secured an order blocking the Trump administration from unlawfully slashing billions in disaster preparedness funding, FEMA is refusing to comply,” said Attorney General Nessel. “No administration is above the law, and we will not stand by while critical programs that protect our communities are stymied. We will hold the Trump administration accountable and ensure Michiganders receive the services they are owed.”

On July 16, 2025, Attorney General Nessel and the coalition filed a lawsuit to prevent FEMA from terminating its BRIC program – an action which had already delayed, scaled back, and cancelled hundreds of mitigation projects across the country depending on this funding. On December 11, 2025, the coalition won their case. The court declared the termination of this congressionally mandated program unlawful and ordered FEMA to promptly take all steps necessary to reverse the termination.

Over two months have passed and the federal government has offered no indication that they have complied with the court order. FEMA’s regional offices lack information about whether and when it will resume the BRIC program, and some have indicated that FEMA is taking a “wait and see” approach—contrary to the clear terms of the court’s order. During this time, the federal government has not identified any concrete steps that it has taken to reverse the BRIC termination.

Attorney General Nessel and the coalition are asking the court to enforce the December 11 order by requiring the federal government to make pre-disaster mitigation funds available as required by statute, communicate the status and next steps for current BRIC projects to the states, communicate the reversal of the BRIC termination to all relevant stakeholders, and file status reports with the court outlining any actions taken or planned to comply with the order. 

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

Joining Attorney General Nessel in filing this motion are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the governors of the Commonwealths of Kentucky and Pennsylvania.

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