Capitol News

Michigan Attorney General Dana Nessel has filed a lawsuit on behalf of a coalition of 12 states against Secretary Kristi Noem, the Department of Homeland Security, Secretary David Richardson, and the Federal Emergency Management Agency (FEMA). The legal action challenges what the coalition describes as illegal terms attached to federal grants intended for emergency management, disaster relief, and homeland security operations.

Nessel criticized the Trump Administration’s approach to state-federal cooperation on emergency preparedness. “The Trump Administration should be working with states to keep our residents safe,” Nessel said. “Instead, the White House continues again and again to pull the rug out from under us, putting the safety of our communities in jeopardy. Congress created FEMA to ensure the federal government would stand with the people it serves in times of crisis, not abandon them. Only Congress—not the president—has the authority to scale back that mission, and as promised, each and every time this administration acts unlawfully and harms the people of Michigan, I will take legal action on behalf of the people of our state.”

According to Nessel’s office, since January there have been efforts by federal officials to reduce FEMA’s responsibilities by denying or restricting emergency declarations and grant funding. These actions have included adding new conditions to long-standing FEMA grants that states say are irrelevant or unconstitutional. Previous legal challenges have resulted in Michigan receiving over $100 million reimbursed for withheld funds.

The coalition argues that recent changes imposed by FEMA on two major grant programs—the Emergency Management Performance Grant (EMPG) and Homeland Security Grant Program (HSGP)—introduce requirements that differ from past practice and make it harder for states to access promised funding. These grants support key emergency management functions in Michigan such as law enforcement training for active shooter situations and operational overtime for state troopers.

The complaint alleges that federal authorities placed an improper hold on one grant and altered spending timelines without adequate explanation or legal basis. The coalition claims these actions restrict how states can use funds for both ongoing and future projects covered by these programs.

Attorneys general from Arizona, Colorado, Hawai’i, Maine, Maryland, Nevada, New Mexico, North Carolina, Oregon, Wisconsin as well as Kentucky’s governor joined Nessel in filing suit in U.S. District Court for Oregon.

A video statement from Attorney General Nessel about the lawsuit is available online.