FEMA Ignores Court Order as $4.5 Billion BRIC Program Stays Frozen

Two months after a federal judge ordered FEMA to restore its largest disaster-preparedness grant program, the agency has not taken a single step to comply — and state attorneys general are publicly accusing the administration of defying the court.

$4.5 Billion in Projects Stalled

The Building Resilient Infrastructure and Communities (BRIC) program has distributed $4.5 billion since its creation, funding seawalls, wildfire firebreaks, flood drainage, and power grid hardening for communities across the country. Last April, the Trump administration announced its intent to terminate the program entirely.

In December, U.S. District Judge Richard Stearns ruled that federal law "entitles the States to a certain measure of funding for mitigation projects each fiscal year" and ordered FEMA to "promptly take all steps necessary to reverse" the shutdown. FEMA's deadline to appeal passed on February 9. It neither appealed nor complied.

States Accuse Administration of Court Defiance

Two FEMA officials told Grist the agency has taken "no apparent steps" to revive the program. State attorneys general accused the administration of failing to comply, writing that "over two months have passed and Defendants have offered no indication to Plaintiff States, the public, FEMA's regional offices, or apparently even Defendants' own attorney that they have complied with the Order."

The standoff is compounded by a broader spending moratorium at DHS. Secretary Kristi Noem now requires personal sign-off on any FEMA expenditure above $100,000. No new disaster mitigation projects have been approved. Even reimbursements for work already completed sit unprocessed.

What BRIC Applicants Should Do

If your organization holds a BRIC award or was building an application, document every cost and delay tied to the freeze. State AGs may seek contempt proceedings next, and a paper trail of documented damages strengthens your position for reimbursement when funds eventually move. In the meantime, Granted can help identify alternative resilience and mitigation funding while the federal pipeline remains locked.

More analysis of the BRIC standoff and alternative funding paths is available on the Granted blog.