Court orders FEMA to restore disaster mitigation funds after lawsuit by Michigan and states

Dana Nessel, Attorney General of Michigan
Dana Nessel, Attorney General of Michigan
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Michigan Attorney General Dana Nessel and a coalition of 23 states secured a court order on March 6 requiring the Federal Emergency Management Agency (FEMA) to reverse the termination of the Building Resilient Infrastructure and Communities (BRIC) Program and restore billions in funding for disaster mitigation projects. The order follows a motion filed by the coalition to enforce an earlier court decision from December.

The BRIC program has played a key role in helping communities prepare for natural disasters, providing resources that have saved lives, protected property, and reduced post-disaster costs. The restoration of these funds is significant for many communities that rely on federal support to strengthen their infrastructure against future risks.

Attorney General Nessel said, “I am relieved that yet another court has affirmed that this administration is not above the law. Disaster mitigation funding is critical to protecting our communities and saving lives. I hope this order will compel the Trump administration to finally make these funds available. If it does not, my office will continue fighting to ensure Michiganders receive the services and support they are owed.”

The legal action began when Nessel and other attorneys general filed a lawsuit on July 16, 2025, seeking to prevent FEMA from ending its BRIC program—a move that had already delayed or canceled hundreds of projects nationwide. After winning their case in December, the coalition asked the District of Massachusetts in February to enforce compliance with its ruling. The recent court order now requires FEMA to make pre-disaster mitigation funds available as required by law, update states on current BRIC projects, file status reports with the court, and issue a fiscal year 2024 Notice of Funding Opportunity within three weeks.

Over four years, nearly 2,000 projects across the country were selected for about $4.5 billion in BRIC funding; Michigan alone saw 24 projects chosen for more than $29 million in federal support. According to the official website, Dana Nessel held the role of Michigan’s 54th attorney general according to the official website. The Michigan Department of Attorney General advances social efforts through actions against human trafficking and support for vulnerable populations according to the official website, focuses on serving residents through public service initiatives according to the official website, exercises authority throughout Michigan according to the official website, influenced policy by drafting expungement opportunities under Clean Slate law in 2019 according to the official website, and operates statewide with authority to protect residents according to the official website.

Joining Nessel are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin as well as governors from Pennsylvania and Kentucky.



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