MADISON, Wis. – A coalition of states, led by Wisconsin Attorney General Josh Kaul, has secured a court order compelling the Federal Emergency Management Agency (FEMA) to reinstate the Building Resilient Infrastructure and Communities (BRIC) program. The ruling requires FEMA to restore hundreds of millions of dollars in funding for pre-disaster mitigation projects, reversing a decision that had stalled critical infrastructure improvements across the nation. This legal victory marks a significant win for communities preparing for increasing climate-related disasters.
The BRIC program, established over the past three decades, provides vital resources to communities proactively strengthening their infrastructure against natural disasters. By prioritizing mitigation and resilience, the program aims to minimize the impact of events like floods, tornadoes, and wildfires, ultimately saving lives, protecting property, and reducing long-term costs. The recent attempt to dismantle the program raised concerns about a weakening of national preparedness efforts.
“The Trump administration should not have tried to terminate funding that helps communities prepare for natural disasters,” stated Attorney General Kaul. “The Trump administration must comply with the law and restore the BRIC program.” This sentiment reflects the coalition’s core argument that the program’s termination was unlawful and detrimental to the safety and economic well-being of communities nationwide.
The legal battle began on July 16, 2025, when Attorney General Kaul and the coalition filed a lawsuit to prevent FEMA from terminating the BRIC program. The action had already led to delays, scaling back, and outright cancellations of hundreds of mitigation projects dependent on this funding. On December 11, 2025, the coalition achieved a significant victory, with the court declaring the termination unlawful and ordering FEMA to reverse its decision. However, the administration failed to fully comply, prompting a motion filed on February 17, 2026, asking the District of Massachusetts to enforce the December 11 order. Last week, the court sided with the coalition once more, granting the requested relief.
Court Order Details and Requirements
The latest court order mandates that FEMA immediately make pre-disaster mitigation funds available as required by statute. FEMA must also communicate the status of existing BRIC projects to the states and provide regular status reports to the court detailing actions taken to ensure compliance. Crucially, the order requires FEMA to issue a fiscal year 2024 Notice of Funding Opportunity for the BRIC program within 21 days, effectively reopening the program to latest applications.
Over the past four years, FEMA has selected nearly 2,000 projects to receive approximately $4.5 billion in BRIC funding nationwide, according to the Department of Justice press release. The attempted cancellation of the BRIC program resulted in the cancellation of dozens of projects across Wisconsin, including planned tornado safe rooms in Grant County and vital flood protection infrastructure along the Kickapoo River.
Broad Coalition Backs Legal Challenge
Attorney General Kaul was joined in securing this order by the attorneys general of Arizona, 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, and Washington. The Governors of Pennsylvania and Kentucky also lent their support to the legal effort. This broad bipartisan coalition underscores the widespread concern over the potential consequences of weakening national disaster preparedness.
The initial lawsuit stemmed from concerns raised in July 2025 when FEMA announced its intention to terminate the BRIC program, as detailed in a press release from the Wisconsin Department of Justice. This decision prompted immediate pushback from states reliant on the program’s funding for critical infrastructure projects.
Attorney General Kaul’s office highlighted the importance of the BRIC program, noting its long-standing success in proactively mitigating disaster risks. A recent post on X (formerly Twitter) from the Wisconsin Department of Justice (@WisDOJ) confirmed the court order requiring FEMA to reverse the program’s termination and restore funding.
What’s Next for BRIC Funding?
With the court order now in place, FEMA is legally obligated to reinstate the BRIC program and begin processing applications for funding. The agency’s compliance with the 21-day deadline for issuing the fiscal year 2024 Notice of Funding Opportunity will be closely monitored. The restoration of BRIC funding is expected to provide a significant boost to communities across the country, enabling them to invest in critical infrastructure improvements that will enhance their resilience to future disasters. The focus will now shift to ensuring the efficient and equitable distribution of these funds to projects that will have the greatest impact on community safety and economic stability.
What are your thoughts on the importance of pre-disaster mitigation funding? Share your comments below, and please share this article with your network.
