(Zachery Schmidt, The Center Square) California, Arizona and Colorado, along with 17 other states, sued the Trump administration this week over its decision to close the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities program.
This program helps local communities nationwide protect themselves from natural disasters before they occur.
In April, FEMA announced it was ending this program as part of an effort to reduce government spending. The governmental agency said it canceled all BRIC applications from fiscal years 2020-2023.
A FEMA spokesperson said the BRIC program was “another example of a wasteful and ineffective FEMA program.” The spokesperson also said the BRIC program was “more concerned with political agendas” rather 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 spokesperson said.
California Attorney General Rob Bonta said Democrats and Republicans realized almost 30 years ago the importance of preventing disasters in order to save lives and money.
“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,” Bonta said in a news release. “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.”
The program awarded funding to several California projects, including efforts to reduce landslide movement in Rancho Palos Verdes, mitigate flooding in Sacramento and seismically retrofit a hospital in Kern County.
Arizona Attorney General Kris Mayes said her office is attempting to recover nearly $10 million that Arizona was scheduled to receive from BRIC funding. She added that the BRIC program selected 25 Arizona projects to receive grants.
She accused the Trump administration of showing hostility “toward helping states with disaster relief” with its attempt to slash FEMA.
These funds are “incredibly important” during the wildfire season, Mayes said.
“We are in wildfire season, and we need all hands-on-deck. Not to mention, Arizonans were counting on millions of these dollars to prevent future flooding in places like Buckeye and Camp Verde,” Mayes said.
Almost half the BRIC program funding was supposed to be allocated to Buckeye at $4.6 million. The city planned to use the money for an infrastructure project to improve its flood management.
Camp Verde would have received $860,000 for a flood mitigation project to help seal a major roadway against flooding.
In addition, Arizona would have received almost $1.2 million for salaries and other management costs.
Mayes’ press release says Arizona does not have the budgetary resources to make up for this lost funding.
Colorado Attorney General Phil Weiser said his state’s residents realize the destructive power of wildfires, floods and other disasters.
“Cutting off this critical funding puts our communities at greater risk and undermines years of planning and investment,” Weiser said in a news release.
In the lawsuit, 19 attorneys general and one governor argue that FEMA’s decision to close the BRIC program violates Congress’s decision to fund it.
They add that the executive branch can’t lawfully refuse to spend money allocated by Congress.
Furthermore, they allege shutting down the BRIC program funding violates the Constitution’s Separation of Powers Clause and the Administrative Procedures Act.
APA decides how “federal agencies develop and issue regulations,” the Environmental Protection Agency says.
Additionally, the Democratic attorney generals and governor argue the Constitution’s Appointments Clause was violated because FEMA Administrator Cameron Hamilton ordered the program shutdown. They say since President Donald Trump did not appoint Hamilton and Congress did not confirm him, he was acting unlawfully.
The plaintiffs are seeking a preliminary injunction to halt the BRIC program’s closure and require the Trump administration to restore the program’s funding to the states.
Mayes, Bonta and Weiser were joined by fellow Democratic attorneys general from Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin. Democratic Gov. Josh Shapiro represented Pennsylvania in this lawsuit.
