Michigan Attorney General Dana Nessel and a coalition of 22 states and the District of Colombia won their lawsuit against the Trump





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*FOR IMMEDIATE RELEASE:*
December 12, 2025




*Media Contact:*
Danny Wimmer <[email protected]>






AG Nessel Secures Court Victory Preventing Trump Administration from Unlawfully Cutting Billions in Disaster Preparedness Funding

*LANSING *– Michigan Attorney General Dana Nessel and a coalition of 22 states and the District of Colombia won their lawsuit (PDF) [ [link removed] ] 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.

“The BRIC program has saved lives, and I am relieved that the Court has rejected the Trump Administration’s attempt to illegally divert critical infrastructure funding that helps our communities prepare for and withstand natural disasters,” Nessel said. “I remain committed to protecting the resources Michiganders depend on.” 

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. In recent years, Michigan had 24 projects selected for BRIC funding, totaling more than $29 million in federal funding.  

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 Procedure Act.  

The decision prevents FEMA from terminating the BRIC program and requires the restoration of these critical funds.   

Joining Attorney General Nessel in filing this lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, and the governors of Kentucky and the Commonwealth of Pennsylvania.  

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