Judge rules BRIC program cut unlawfully

On Thursday, U.S. District Judge Richard Stearns in Boston ruled that the Trump administration unlawfully terminated the Federal Emergency Management Agency's (FEMA) Building Resilient Infrastructure and Communities (BRIC) grant program.

Stearns found that the administration lacked authority to end the BRIC program and use the money for other purposes.

This ruling directly affects the Grays Harbor region as nearly $100 million was to be allocated to Aberdeen and Hoquiam for levee projects that would help prevent catastrophic flooding, lift FEMA floodplain designations and ease requirements for flood insurance and flood-zone codes.

"I am extremely encouraged and grateful that this ruling could lead to the return of nearly $100 million in grant funds to the City of Hoquiam and Aberdeen to build our critical flood levees. The last few days of historic flooding in our state have illustrated exactly why we are building these flood walls to protect our community," said Briay Shay, Hoquiam city administrator. "The North Shore Levee West will be completely ready for bidding construction in early 2026. I've been hoping for a Christmas miracle to get the FEMA funds back so we can bid the entire project and be under construction next summer. The Aberdeen Hoquiam Flood Protection Project is the most critical infrastructure project our communities have undertaken in decades, and our future absolutely depends on it."

The Hoquiam and Aberdeen section of the complaint read:

"Located on Washington's rural Western coastline, Aberdeen and Hoquiam's working-class communities have experienced decades of severe flooding caused by intense rainfall and coastal surges. As a direct response to these recurring disasters, Washington applied for BRIC funding to construct concrete floodwalls, miles of earthen levees, and raised roadways that would protect these communities from further damage. Once completed, these levees would protect 1,354 businesses, 5,100 properties, and more than 3,000 jobs located in the designated flood zone. They would also reduce construction and insurance costs, leaving more than $5 million per year in residents' pockets, and promote economic development and future investments."

Stearns concluded that the cancellation of the BRIC grant program amounted to an "unlawful executive encroachment on the prerogative of Congress to appropriate funds for a specific and compelling purpose." In August, Stearns blocked FEMA from diverting more than $4 billion allocated to BRIC and spending it on other purposes after a coalition of 20 states, including Washington, sued the Trump administration.

FEMA abruptly cancelled the BRIC grant program back in April, calling it "wasteful, ineffective and politicized."

"The BRIC program is designed to protect against natural disasters and save lives," Stearns wrote. "It need not be gainsaid that the imminence of disasters is not deterred by bureaucratic obstruction."

Stearns' ruling blocks FEMA from eliminating the program without congressional approval and ordered it reinstated.

"The devastating flooding hurting communities across Western Washington right now underscores why these kinds of mitigation grants are so vital," said Nick Brown, Washington Attorney General. "This administration illegally canceled a longstanding bipartisan program, leaving communities more vulnerable because they have been unable to fortify against disasters. The court's decision is a resounding win for public safety."

Over the past four years, FEMA has selected nearly 2,000 projects to receive roughly $4.5 billion in BRIC funding nationwide. In Washington, about two dozen BRIC projects totaling more than $150 million have been in limbo due to the federal government's actions. Most of the funds go to small towns and rural communities, supporting projects like constructing levees and floodwalls in Aberdeen and Hoquiam and generating electricity in Klickitat County for hospitals and school districts if the power goes out during wildfires and severe weather.

Brown and Massachusetts Attorney General Andrea Joy Campbell co-led the lawsuit. The coalition also includes the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin and the governors of Kentucky and the Commonwealth of Pennsylvania.