TRENTON, NJ – Acting Attorney General Jennifer Davenport announced Tuesday that New Jersey has joined a 22-state coalition and the District of Columbia in demanding that the Trump administration comply with a federal court order requiring the restoration of a key FEMA disaster mitigation program that protects communities from catastrophic storms and flooding.
In a motion filed in U.S. District Court, Davenport and her counterparts urged the court to enforce its December 2025 ruling, which barred the administration from terminating FEMA’s Building Resilient Infrastructure and Communities (BRIC) program. The coalition said that despite the ruling, federal officials have failed to reinstate the program and are delaying implementation, leaving critical projects stalled across the country.
“For 30 years, the BRIC program has saved lives, reduced injuries, and protected property,” Davenport said. “Instead of working with states to prepare for natural disasters, the Trump administration is ignoring the law and endangering communities by withholding the very funds Congress appropriated for their protection.”
According to the filing, FEMA regional offices have provided little to no guidance to states on the future of the program, with some staff citing “ongoing litigation” as the reason for inaction. The states are now seeking an order compelling FEMA to resume disbursing mitigation grants, communicate with local governments, and file regular compliance reports with the court.
States accuse FEMA of defying federal order
The coalition argues that the administration’s refusal to reinstate BRIC funding violates the Appropriations and Spending Clauses of the U.S. Constitution, the Administrative Procedure Act, and the court’s prior directive. The 2025 ruling found that FEMA’s decision to abruptly end the program exceeded executive authority and contradicted Congress’s express funding mandate.
Ed Potosnak, Acting Commissioner of the New Jersey Department of Environmental Protection, said the loss of BRIC funding threatens vital flood mitigation and infrastructure projects statewide. “By funding proactive flooding resilience projects, the BRIC program reduces the cost of post-disaster relief,” Potosnak said. “We’re standing with our partners to protect lives, property, and taxpayer dollars.”
- Acting AG Jennifer Davenport joins 22 states in court motion to enforce ruling
- FEMA’s BRIC program provides disaster resilience and mitigation funding
- Coalition accuses Trump administration of defying federal court order
The BRIC initiative supports projects such as flood walls, evacuation shelters, utility grid protection, and infrastructure fortification—investments FEMA estimates save six dollars in post-disaster costs for every dollar spent.
Court fight intensifies as states push to save FEMA resilience program.