Federal court blocks FEMA from ending BRIC pre-disaster mitigation program

A federal judge has ruled that the Federal Emergency Management Agency (FEMA) acted unlawfully when it moved to end the Building Resilient Infrastructure and Communities (BRIC) pre-disaster mitigation program, a key funding source for state and local stormwater and flood resilience projects.

In a Dec. 11, 2025 memorandum and order, the U.S. District Court for the District of Massachusetts granted summary judgment in favor of a coalition of states, finding that FEMA lacked authority to terminate the BRIC program and withhold congressionally appropriated mitigation funds.

“We won this case because FEMA tried to take back $200 million that it had already designated for North Carolina,” said Attorney General Jeff Jackson in a press release. “Our towns spent years doing everything FEMA asked them to do to qualify for this funding, and they were in the middle of building real protections against storms when FEMA suddenly broke its word. Keeping water systems working and keeping homes out of floodwater isn’t politics – it’s basic safety. This ruling puts the money back where it was promised so these communities can be ready for the next storm.”

BRIC is FEMA’s largest pre-disaster mitigation program and provides funding for projects that reduce flood risk, protect infrastructure, and improve community resilience. The court found that FEMA’s actions—including canceling the fiscal year 2024 Notice of Funding Opportunity and declining to advance previously selected projects—amounted to an unlawful reduction of FEMA’s statutory mitigation responsibilities and violated federal appropriations law.

The ruling also determined that FEMA could not repurpose BRIC funds for post-disaster relief and that the agency unlawfully withheld mitigation funding required under the Stafford Act and the Infrastructure Investment and Jobs Act. As a result, the court issued a permanent injunction preventing FEMA from terminating the BRIC program as currently authorized by Congress.

For stormwater and flood management professionals, the decision preserves a critical federal funding pathway for green infrastructure, drainage improvements, and other pre-disaster mitigation projects at a time of increasing climate-driven flood risk. The ruling reinforces that FEMA must continue administering BRIC unless and until Congress directs otherwise, providing greater certainty for states and local governments planning long-term resilience investments.