AG Rayfield: “With recent flooding in Oregon and wildfire seasons growing longer, one thing is clear: we can’t wait for disaster to strike before we act.”

Attorney General Dan Rayfield and a coalition of 20 states today won their lawsuit against the Trump Administration over its unlawful attempt to shut down the Federal Emergency Management Agency’s (FEMA) bipartisan Building Resilient Infrastructure and Communities (BRIC) program, designed to protect communities from natural disasters before they strike.

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, the program protects lives, communities, and property — supporting state, tribal, and local governments to prevent the harms of disasters, rather than just recovering from them.

“With recent flooding in Oregon and wildfire seasons growing longer, one thing is clear: we can’t wait for disaster to strike before we act,” said Attorney General Rayfield. “BRIC is a big part of that preparation — the work that keeps communities standing before the rivers rise or the smoke rolls in. Today’s ruling isn’t just a legal win; it’s a reminder that readiness saves lives and that no administration can walk away from Congress’s commitment to protect our communities.”

In the aftermath of Hurricane Katrina, Congress passed a law mandating that FEMA must protect communities through four interrelated functions – mitigation, preparation, response, and recovery. The BRIC program is the core of FEMA’s mitigation efforts. BRIC projects are required to be cost-effective, and a recent study concluded that every dollar FEMA spends on mitigation saves an average of six dollars in post-disaster costs.

The BRIC program supports often difficult-to-fund projects, such as constructing evacuation shelters and flood walls, safeguarding utility grids against wildfires, protecting wastewater and drinking water infrastructure, and fortifying bridges, roadways, and culverts.

Over the past four years, FEMA has selected nearly 2,000 projects to receive roughly $4.5 billion in BRIC funding nationwide. Grants awarded in Oregon include nearly $14 million in federal funds to help Clatsop County prepare for a potential Cascadia subduction zone earthquake and tsunami; nearly $35 million for critical infrastructure improvements to the City of Medford’s water distribution system; and $50 million to help the City of Grants Pass move its existing water treatment plant outside of a flood hazard area.

Congresswoman Suzanne Bonamici, who represents Oregon’s North Coast, applauded today’s court victory and spoke about the direct impact of the BRIC program in her district.

“We must act now to protect residents and visitors on the Oregon Coast from the next Cascadia Subduction Zone earthquake,” said Congresswoman Suzanne Bonamici. “Columbia Memorial Hospital in Astoria competed for and was awarded a BRIC grant to include a tsunami evacuation structure in the hospital expansion project. This funding will save lives and should never have been in question. I have said since the unlawful termination was announced that I would do everything I can to reverse it. This decision is good news for the people of NW Oregon, and I appreciate Attorney General Rayfield’s continued work and leadership to keep Oregonians safe.”

Today’s court decision affirms the coalition’s position that FEMA’s decision to abruptly terminate the BRIC program is in direct violation of Congress’s decision to fund it, and that the Executive Branch has no lawful authority to unilaterally refuse to spend funds appropriated by Congress. The judge also concluded that FEMA’s actions violate Separation of Powers the Appropriations and Spending Clauses, and the Administrative Procedures Act.

The decision prevents FEMA from terminating the BRIC program and requires the restoration of these critical funds to the communities relying on them.

Joining Attorney General Rayfield in filing this lawsuit are 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, Rhode Island, Vermont, Washington, Wisconsin and the governors of Kentucky and the Commonwealth of Pennsylvania.