State AGs Secure Court Order to Restore FEMA Disaster Funding

WA Attorney General News Releases

Filed March 6th, 2026

Detected March 7th, 2026

Summary

A coalition of State Attorneys General, led by Washington, secured a court order compelling FEMA to restore billions in funding for the Building Resilient Infrastructure and Communities (BRIC) program. The order requires FEMA to reverse the program's termination and issue a new funding opportunity within 21 days.

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What changed

Washington State Attorney General Nick Brown and a coalition of 10 other states have successfully obtained a court order enforcing a previous ruling that declared FEMA's termination of the Building Resilient Infrastructure and Communities (BRIC) program unlawful. The new order mandates FEMA to take concrete steps to reverse the termination, restore billions in disaster mitigation funding, and communicate the status of ongoing BRIC projects to the states. Specifically, FEMA must issue a fiscal year 2024 Notice of Funding Opportunity for the BRIC program within 21 days and file status reports with the court.

This court order has significant implications for communities relying on BRIC funding for disaster preparedness projects. Regulated entities, primarily government agencies and local authorities involved in disaster mitigation, should monitor FEMA's compliance and the reissuance of funding opportunities. The order underscores the importance of adhering to congressional intent for congressionally mandated programs and highlights the potential for legal action if agencies fail to comply with court rulings. Failure to comply could result in further legal challenges and potential contempt of court proceedings.

What to do next

Monitor FEMA's compliance with the court order, particularly the issuance of the FY2024 BRIC Notice of Funding Opportunity.
Assess the status of previously delayed or cancelled BRIC projects in light of the court's enforcement order.
Prepare applications for the upcoming BRIC funding opportunity to ensure continued access to disaster mitigation resources.

Source document (simplified)

FOR IMMEDIATE RELEASE:

Mar 6 2026

Attorney General Nick Brown and a multistate coalition today secured a court order requiring the Federal Emergency Management Agency (FEMA) to take concrete steps to reverse the termination of the Building Resilient Infrastructure and Communities Program (BRIC) and restore billions in funding to communities relying on the program.

For the past 30 years, the BRIC program has provided communities across the nation with resources to proactively fortify their infrastructure against natural disasters. By focusing on mitigation and community resilience, the program has saved lives, reduced injury, protected property, and saved money that would have otherwise been spent on post-disaster costs.

"The judge's order in this case was unequivocal: FEMA must restore the BRIC program. Communities across Washington are counting on these dollars for vital disaster mitigation projects,” Brown said. “We will keep fighting to make sure FEMA stops wasting time and carries out the program as Congress intended.”

In Washington, about two dozen BRIC projects totaling more than $150 million have been in limbo due to the federal government’s actions. Over the past four years, FEMA has selected nearly 2,000 projects to receive roughly $4.5 billion in BRIC funding nationwide.

On July 16, 2025, Brown co-led the coalition in filing a lawsuit to prevent FEMA from terminating its BRIC program – an action which had already delayed, scaled back, and cancelled hundreds of mitigation projects across the country. On December 11, the coalition won their case. The court declared the termination of this congressionally mandated program unlawful and ordered FEMA to promptly take all steps necessary to reverse the termination. Last month, the coalition filed a motion asking the District of Massachusetts to enforce its December 11 order, as FEMA had offered no indication that it had complied with the order at that point. Today, the court sided with the coalition and granted its requested relief.

Today’s order requires FEMA to make pre-disaster mitigation funds available as required by statute, communicate the status of current BRIC projects to the states, and file status reports with the court outlining any actions taken or planned to comply with the order. The order also requires FEMA to issue a fiscal year 2024 Notice of Funding Opportunity for the BRIC program within 21 days.

Joining Brown in securing this order are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin, the governor of the Commonwealth of Pennsylvania, and the governor of the Commonwealth of Kentucky.

A copy of today’s order is available here.

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Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

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