Judge declines to force FEMA to release funds to upgrade US emergency
alert system
[March 18, 2025]
By MICHAEL KUNZELMAN
WASHINGTON (AP) — A federal judge on Monday declined to force the Trump
administration to immediately reimburse dozens of public broadcasting
stations for upgrades to the nation's emergency alert system.
The nonprofit Corporation for Public Broadcasting sued the Federal
Emergency Management Agency last Thursday, claiming the agency had
unlawfully held up nearly $2 million in grant money for modernizing the
alert system. The lawsuit says the delay in reimbursements is hampering
the ability of federal, state and local authorities to issue real-time
emergency alerts.
U.S. District Judge Timothy Kelly denied a request for a court order and
ruled that the CPB failed to carry its legal burden for showing how it
has been irreparably harmed. The corporation hasn't demonstrated that
the alert system will stop working if the grant funding doesn't start
flowing right away, Kelly concluded as he rejected the CPB's request for
a temporary restraining order.
“This circuit has set a high standard for irreparable injury,” Kelly
said. “I don't think CPB has satisfied that high standard on the record
here.”
The lawsuit is one of several cases in which Trump’s administration has
been accused of illegally withholding funds for a host of programs and
services.
The national Emergency Alert System helps government officials issue
alerts about disasters, including flash floods, blizzards, tornados and
hurricanes. The CPB, which is the federal government’s steward of
funding for hundreds of public radio and television stations, says FEMA
is pretending that it isn’t holding onto the grant money.

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A sign for the Federal Emergency Management Agency is pictured
at FEMA headquarters, April 20, 2020, in Washington. (Al Drago/The
New York Times via AP, Pool)

The CPB says the Feb. 18 hold prevents it from submitting requests
for reimbursement under the $40 million grant program for the Next
Generation Warning System. The grants help pay for public media
stations to upgrade their emergency alerting equipment. The program
has over 40 grant recipients.
Government lawyers deny that FEMA is withholding any program
funding.
“Rather, the Agency has modified its process for the review of
payment requests — a process that is consistent with its authority
to protect the public fisc and ensure grant programs are free from
waste, fraud, and abuse,” they wrote in a court filing.
The CPB's attorneys say FEMA has presented no evidence of waste,
fraud or abuse in the program.
“For close to three years, FEMA has been intimately involved every
step of the way in terms of the specific sites receiving new
emergency broadcast equipment, creating a FEMA pre-approved
equipment list, receiving monthly and quarterly reports on the
expenses incurred and the progress of the grant,” they wrote.
Congress created the CPB in 1967. The private corporation says it
distributes over 70% of its funding to more than 1,500 public radio
and television stations.
President Donald Trump nominated Kelly to the bench during his first
term.
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