Funding for federal program that helped states limit natural disaster costs restored by courts

BOSTON, Mass. (KEYT) – On Thursday, a federal court ruled in favor of a coalition of states, including California, and restored funding cut by the Trump Administration earlier this year for a program that issued grants to projects intended to limit the financial impact of natural disasters before they happen.

The Building Resilient Infrastructure and Communities (BRIC) program was signed into law by President Trump as part of the Disaster Recovery Reform Act of 2018 to fund local mitigation projects nationwide.

The BRIC program invested a total of $5 billion into resiliency projects across the country since its passage and every dollar spent through the project is estimated to have saved between $6 and $13 in damages, clean up costs, and economic impact detailed a June letter from members of Congress opposed to the programs termination.

California is the largest beneficiary of the federal program and is uniquely at risk from future natural disasters noted a press release in July from the California Office of Attorney General.

"Democrats and Republicans in Congress recognized a simple fact: Preparing for disasters, instead of just reacting to them, saves money and lives," stated Attorney General 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."

On April 4 of this year, Cameron Hamilton, who was serving as the Senior Official Performing the Duties of Administrator of the Federal Emergency Management Administration (FEMA) at the time, issued a press release stating that the federal emergency response agency was terminating the BRIC program and returning the grant program's funding to the Disaster Relief Fund or the U.S. Treasury.

Hamilton was fired from the position the following month, just one day after telling the House Appropriations Committee, "I do not believe it is in the best interest the American people to eliminate the Federal Emergency Management Agency", a statement inconsistent with plans announced by the Trump Administration regarding the future of the federal emergency response agency.

"President Trump has been very clear since the beginning that he believes that FEMA and its response in many, many circumstances has failed the American people, and that FEMA, as it exists today, should be eliminated in empowering states to respond to disasters with federal government support," Department of Homeland Security Secretary Noem informed the House Appropriations Committee in May.

Your News Channel reached out to the Department of Homeland Security for comment in June as part of our coverage of the decision to eliminate the BRIC program and the following statement was provided in response:

"The BRIC program was yet another example of a wasteful and ineffective FEMA program. It was more concerned with political agendas than helping Americans affected by natural disasters. Under Secretary Noem’s leadership, we are committed to ensuring that Americans in crisis can get the help and resources they need."

The lawsuit that eventually restored funding this week was filed in U.S. District Court for the District of Massachusetts and signed by Attorney Generals for the following states: Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin.

"Today’s court decision affirms the coalition’s position that FEMA’s decision to abruptly terminate the BRIC program constitutes a substantial and unlawful reduction in one of FEMA’s core functions and is in direct violation of Congress’s decision to fund it," stated a press release from Massachusetts Attorney General Andrea Joy Campbell who co-led the state coalition filing to halt the termination. "The Executive Branch has no lawful authority to unilaterally refuse to spend funds appropriated by Congress. The judge also concluded that FEMA’s actions violate Separation of Powers, the Appropriations and Spending Clauses, and the Administrative Procedure Act."