Attorney General Dan Rayfield today and a coalition of 20 states sued the Trump Administration over its decision to illegally shut down the Federal Emergency Management Agency’s (FEMA) bipartisan Building Resilient Infrastructure and Communities (BRIC) program, designed to protect communities from natural disasters before they strike.
The BRIC program has provided communities across the nation with resources to proactively fortify their infrastructure against natural disasters. By focusing on preparation, the program has protected property, saved money that would have otherwise been spent on post-disaster costs, reduced injuries, and saved lives.
“FEMA’s job is to help communities prepare, not to leave them exposed,” said Attorney General Rayfield. “By gutting a successful bipartisan program that’s protected families from floods, wildfires, and hurricanes, the Trump Administration isn’t just breaking the law – it’s putting lives and property at risk. Oregon has felt the devastating impact of natural disasters firsthand. This lawsuit is about protecting our communities and restoring critical funding for cities and towns across Oregon.”
Responding to the catastrophic losses resulting from Hurricane Katrina and its aftermath, Congress passed a law stating FEMA must protect communities through four interrelated functions—mitigation, preparation, response, and recovery. The BRIC program is the core of FEMA’s pre-disaster mitigation efforts.
The BRIC program supports often difficult-to-fund projects, such as constructing evacuation shelters and flood walls, safeguarding utility grids against wildfires, protecting wastewater and drinking water infrastructure, and fortifying bridges, roadways, and culverts.
Over the past four years, FEMA has selected nearly 2,000 projects to receive roughly $4.5 billion in BRIC funding nationwide. The Oregon Department of Emergency Management (OEM) describes BRIC as the only available source of regular, substantial federal aid for pre-disaster mitigation in Oregon. Worse, both OEM and multiple communities in Oregon have already invested substantial resources in projects that were selected for BRIC funding, and those investments may be wasted if the federal government reneges on its commitments. Grants awarded in Oregon include nearly $14 million in federal funds to help Clatsop County prepare for a potential Cascadia subduction zone earthquake and tsunami; nearly $35 million for critical infrastructure improvements to the City of Medford’s water distribution system; and $50 million to help the City of Grants Pass move its existing water treatment plant outside of a flood hazard area.
Congresswoman Suzanne Bonamici, who represents Oregon’s North Coast, emphasized the life-or-death importance of disaster preparedness and the direct impact of the BRIC program on her district.
“The question is not if, but when, we will have a Cascadia Subduction Zone earthquake,” said Congresswoman Bonamici. “Columbia Memorial Hospital is preparing by building a hospital expansion that will remain standing for patients, staff, and the community. I’m proud to have supported the FEMA BRIC grant that was awarded to help to finance this expansion, and I’m extremely disappointed that the Trump administration announced it was cancelling the grant. Thank you to Attorney General Rayfield for recognizing that preparedness saves lives and that the BRIC project at Columbia Memorial Hospital and others like it are critical as we prepare for natural disasters.”
Attorney General Rayfield and the coalition argue that FEMA’s decision to abruptly terminate the BRIC program is in direct violation of Congress’s decision to fund it. The Executive Branch has no lawful authority to unilaterally refuse to spend money appropriated by Congress. They also assert that shutting down the BRIC program violates Separation of Powers and the Administrative Procedures Act, and violates the Appointments Clause because Cameron Hamilton, who acted as FEMA Administrator and gave the directive to terminate the BRIC program, was never appointed by the President or confirmed by the Senate and therefore was acting as Administrator unlawfully.
With this lawsuit, Attorney General Rayfield and the coalition are seeking a preliminary injunction to prevent the Trump Administration from spending BRIC funds on other purposes and a permanent injunction to reverse the termination of the BRIC program and require the restoration of these critical funds to the communities relying on them.
Joining Attorney General Rayfield in filing this lawsuit are attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Rhode Island, Vermont, Washington, Wisconsin and the governor of the Commonwealth of Pennsylvania.
