Federal judge rules Trump administration cannot reallocate billions
meant for disaster mitigation
[August 06, 2025]
By JACK BROOK and MICHAEL CASEY
BOSTON (AP) — A federal judge on Tuesday blocked the Trump
administration from reallocating $4 billion meant to help communities
protect against natural disasters.
U.S. District Judge Richard G. Stearns in Boston granted a preliminary
injunction sought by 20 Democrat-led states while their lawsuit over the
funding moves ahead.
A spokesperson for the Federal Emergency Management Agency did not
immediately respond to a request for comment.
Massachusetts Attorney General Andrea Campbell said in a statement that
she would continue fighting to make sure “communities can adequately
prepare for natural disasters.”
Massachusetts and the other states that brought the lawsuit argued FEMA
lacked the authority to end the Building Resilient Infrastructure and
Communities program and redirect more than $4 billion of its funding.
The program aims to harden infrastructure around the country against
potential storm damage.
FEMA initially announced it was ending the program, but later said in a
court filing that it was evaluating it.
Noting money for the program was allocated by Congress, the states’
lawsuit says any attempt to redirect it would run afoul of the
Constitution.
A lawyer for the government, Nicole O’Connor, argued at a hearing in
July that the funds can be used both for disaster recovery and disaster
prevention and that FEMA should have discretion to use the money how it
sees fit.
In his ruling, Stearns said he was not convinced Congress had given FEMA
any discretion to redirect the funds. The states had also shown that the
“balance of hardship and public interest” was in their favor.
“There is an inherent public interest in ensuring that the government
follows the law, and the potential hardship accruing to the States from
the funds being repurposed is great,” Stearns wrote. “The BRIC program
is designed to protect against natural disasters and save lives.”
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The Federal Emergency Management Agency headquarters is photographer
in Washington, May 5, 2025. (AP Photo/Gene J. Puskar, File)
The program has provided grants for a range of disaster management
projects, including strengthening electrical grids, constructing
levees for flood protection and relocating vulnerable water
treatment facilities. Many of the projects are in rural communities.
FEMA said in a news release in April that it was “ending” the
program, but the agency’s acting chief, David Richardson, later said
in a court filing that FEMA was merely evaluating whether to end or
revise it.
Stearns said it appeared FEMA had decided to end the program and was
“inching towards a fait accompli,” noting it had cancelled new
funding opportunities and told stakeholders they shouldn't expect
any unobligated funding.
The states, including California, New York and Washington, argued
that the threat of losing the funding alone had put numerous
projects at risk of being cancelled, delayed or downsized. And they
warned ending the program would be highly imprudent.
“By proactively fortifying our communities against disasters before
they strike, rather than just responding afterward, we will reduce
injuries, save lives, protect property, and, ultimately, save money
that would otherwise be spent on post-disaster costs,” they wrote in
the suit filed in July.
FEMA said in a court filing that an injunction on its use of the
funds could hamper its ability to respond to major disasters.
But Stearns said the administration could come back to him to
release funding should a disaster of “unprecedented proportions”
occur.
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