Twenty U.S. states filed a federal lawsuit Wednesday to block the Trump administration's decision to cancel a multibillion-dollar disaster preparedness grant program, arguing the move violates constitutional separation of powers and endangers vulnerable communities, CNBC reported.
The lawsuit, filed in U.S. District Court in Boston, challenges the Federal Emergency Management Agency's April decision to halt the Building Resilient Infrastructure and Communities program, known as BRIC. The states argue that FEMA overstepped its legal authority by unilaterally ending a program approved and funded by Congress.
"By unilaterally shutting down FEMA's flagship pre-disaster mitigation program, Defendants have acted unlawfully and violated core separation of powers principles," the lawsuit states.
The attorneys general of Washington and Massachusetts lead the legal challenge. The 20 states are mostly led by Democrats.
Created in 2018 to modernize hazard mitigation programs, BRIC covered as much as 75% of the costs for projects aimed at protecting communities from natural disasters, with rural areas eligible for up to 90%. The grants funded evacuation shelters, flood walls, and structural improvements to roads and bridges.
According to the complaint, FEMA approved about $4.5 billion in BRIC grants over the past four years, supporting nearly 2,000 projects. Coastal states received a significant share of that funding.
In announcing the program's termination earlier this year, FEMA called BRIC "wasteful, ineffective, and politicized."
The decision drew bipartisan concern.
In May, lawmakers from both parties urged FEMA to reinstate the program, noting its importance to rural and tribal communities. They encouraged the agency to work with Congress to reform and improve the initiative rather than eliminate it.
The states argue that Congress made disaster mitigation a core element of FEMA's mission, and the Constitution bars the executive branch from changing that mandate without legislative involvement.
The suit also questions the authority of the officials responsible for ending the program.
Cameron Hamilton, who served as acting FEMA director when the program was canceled, and David Richardson, his successor, were not properly appointed and therefore lacked the legal authority to make such decisions, the plaintiffs argue.
The states plan to seek a preliminary injunction to require FEMA to reinstate the BRIC program while litigation continues.
This marks the latest legal pushback against President Donald Trump's approach to disaster preparedness. In May, many of the same states challenged a separate administration policy that tied emergency grant funding to states' cooperation with federal immigration authorities.
Massachusetts Attorney General Andrea Campbell emphasized the urgency of the issue, citing deadly floods in Texas that took more than 130 lives earlier this month.
"By abruptly and unlawfully shutting down the BRIC program, this administration is abandoning states and local communities that rely on federal funding to protect their residents and, in the event of disaster, save lives," said Campbell, a Democrat.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.