Attorney General Mayes Secures Court Order Requiring Trump Administration to Restore Billions in Disaster Mitigation Funding
PHOENIX – Attorney General Kris Mayes and a coalition of 23 states have secured a court order requiring the Federal Emergency Management Agency (FEMA) to promptly take steps necessary to reverse the termination of the Building Resilient Infrastructure and Communities Program (BRIC) and restore billions in funding to communities relying on them. The decision follows a motion filed by the coalition to compel FEMA to comply with a previous court order from December.
For the past 30 years, the BRIC program has provided communities across the nation with resources to proactively fortify their infrastructure against natural disasters. By focusing on mitigation and community resilience, the program has saved lives, reduced injury, protected property, and saved money that would have otherwise been spent on post-disaster costs.
"The Trump Administration could have followed the law and kept communities safe. Instead, they illegally terminated a program that saves lives and saves taxpayers money, forcing states to spend months in court fighting a battle that never needed to happen," said Attorney General Mayes. "Every dollar invested in disaster mitigation before a crisis strikes saves many more in recovery costs after one hits. Today's order is a reminder that the law is not optional - even for the federal government."
On July 16, 2025, Attorney General Mayes and the coalition filed a lawsuit to prevent FEMA from terminating its BRIC program – an action which had already delayed, scaled back, and cancelled hundreds of mitigation projects across the country that depend on this funding. On December 11, 2025, the coalition won their case. The court declared the termination of this congressionally mandated program unlawful and ordered FEMA to promptly take all steps necessary to reverse the termination. On February 17, 2026, the coalition filed a motion asking the District of Massachusetts to enforce its December 11 order, as the Trump Administration had offered no indication that it had complied with the order at that point. Today, the court sided with the coalition and granted its requested relief.
Today's order requires FEMA to make pre-disaster mitigation funds available as required by statute, communicate the status of current BRIC projects to the states, and file status reports with the court outlining any actions taken or planned to comply with the order. The order also requires FEMA to issue a fiscal year 2024 Notice of Funding Opportunity for the BRIC program within 21 days.
Over the past four years, FEMA has selected nearly 2,000 projects to receive roughly $4.5 billion in BRIC funding nationwide.
Joining Attorney General Mayes in securing this order are the attorneys general of California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, the Governor of the Commonwealth of Pennsylvania, and the Governor of the Commonwealth of Kentucky.
A copy of the order is available.