FEMA Ordered to Restart BRIC Program
A coalition of 23 states has secured a court order requiring FEMA to reverse its termination of the Building Resilient Infrastructure and Communities Program (BRIC) and restore billions in funding to communities that rely on the hazard mitigation program.
In the March 6 ruling, U.S. District Judge Richard G. Stearns addressed the ongoing delays in restoring the program, giving FEMA a strict 21-day-deadline to issue BRIC’s Notice of Funding Opportunity for Fiscal Year 2024. The order means the agency has to unfreeze the roughly $750 million in grants that have been in limbo since the original NOFO was cancelled in April 2025.
In addition, FEMA has 14 days from the date of the order to communicate the status of current BRIC projects to the plaintiff states and file status reports with the court outlining remaining steps to reverse the termination of the BRIC program, including a schedule for the FY2025 and FY2026 BRIC funding cycles.
“We are encouraged by the court’s clear timeline for restoring the BRIC program. Mitigation is a race against time, and this ruling provides the necessary framework for the agency to honor its commitments to the state and local partners who are on the front lines of disaster resilience,” said Chad Berginnis, ASFPM Executive Director. “We look forward to working closely with FEMA as they resume this vital program, ensuring that proactive investments in community safety remain a top priority.”
How the Legal Battle Reached This Point
This latest judgment will hopefully bring to an end a long legal battle between the 23-state coalition and the administration. On July 16, 2025, the coalition filed a lawsuit to prevent FEMA from terminating its BRIC program. On December 11, 2025, the court ruled in favor of the states, declaring the termination of the congressionally appropriated program unlawful and ordering FEMA to take all necessary steps to reverse course.
In February, the coalition filed a motion asking the District of Massachusetts to enforce its December 11 order, saying FEMA had offered no indication that it had complied with the order at that point.
“The uncertainty and ongoing delay continue to threaten the very existence of the states’ projects, leaving state emergency management agencies and local municipalities scrambling to fill funding gaps,” the states said in the motion. “Ultimately, plaintiff states continue to face the loss of an urgently needed program designed to protect against natural disasters and save lives.”
In response to that most recent filing by the states, the administration argued in a March 3 filing that “FEMA is currently reviewing the BRIC program” and “the goal of this review is to improve the BRIC program—not terminate it.” The agency also said the process has been slowed by staffing shortages and lapses in funding but added that it is working to comply with the court’s order.
In his March 6 decision, Judge Stearns acknowledged the tangible steps FEMA has taken toward compliance with the December 11 ruling but noted that several requirements remain unimplemented. He also recognized that some delays may stem from staffing shortages and the current budget freeze at the U.S. Department of Homeland Security. However, he concluded that the court’s directives are “reasonable steps” the agency can—and must—take even while leadership transitions at the DHS are underway.
“The judge’s order in this case was unequivocal: FEMA must restore the BRIC program,” Washington state Attorney General Nick Brown said in a press release. “We will keep fighting to make sure FEMA stops wasting time and carries out the program as Congress intended.”
The lawsuit was co-led by attorney generals from Massachusetts and Washington and joined by the following states: Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Kentucky, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Pennsylvania, Oregon, Rhode Island, Vermont and Wisconsin.
A copy of Judge Stearns’ March 6 “Order to Enforce” is available here
