Attorney General James Wins Lawsuit to Protect Billions of Dollars for Natural Disaster Preparedness Programs

NEW YORK – New York Attorney General Letitia James won a lawsuit brought with 20 other attorneys general and the governors of Kentucky and Pennsylvania to stop the illegal elimination of the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program, which supports critical infrastructure projects to protect communities from disasters before they happen. BRIC is FEMA’s largest disaster preparedness program and has received bipartisan support since its creation. It provides billions of dollars in funding to communities in all 50 states to support infrastructure improvements that save lives and protect property from natural disasters. After the federal administration unlawfully terminated the program in April, Attorney General James and the coalition sued to stop its funds from being diverted. The United States District Court for the District of Massachusetts granted Attorney General James and the coalition’s motion for summary judgment, ruling that the federal administration’s attempt to eliminate BRIC was illegal and the program must continue. 

“From devastating wildfires to record-breaking storms, communities across the country are facing threats from increasingly destructive natural disasters,” said Attorney General James. “The BRIC program helps states prepare for these disasters and save lives. This decision is a major victory for New Yorkers and millions across the country whose lives and livelihoods were put at risk by this administration’s reckless attempt to eliminate this program.” 

BRIC provides financial and technical assistance to state, local, tribal, and territorial governments to implement new measures that protect communities from natural disasters. The program’s funds support the construction of evacuation shelters and flood walls, protections for water and power infrastructure, and improvements to roads and bridges. Despite the program’s success and longtime bipartisan support, the Trump administration unlawfully terminated the program in April 2025, diverting over $4 billion out of FEMA’s pre-disaster mitigation fund and into funds for post-disaster grants.
New York has 38 BRIC projects totaling over $380 million throughout the state that were put at risk as a result of the termination of the program. New York City, which is particularly vulnerable to flooding, expects BRIC funds for 19 different projects. In July 2025, Attorney General James and the coalition sued FEMA and the Department of Homeland Security (DHS), and shortly after, secured a preliminary injunction preventing BRIC from being dismantled. 

In a ruling on December 11, the District Court granted the coalition’s motion for summary judgment, ruling that the administration’s elimination of BRIC and withholding of states’ funds was unlawful. The court’s ruling prevents the administration from terminating BRIC and diverting its funds. 
Joining Attorney General James in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia, as well as the governors of Kentucky and Pennsylvania.