“The court is not convinced that Congress vested in the agency any discretion to reallocate funds from the BRIC account,” the Boston-based judge wrote.
A federal judge has granted a preliminary injunction against the Trump administration, barring the federal government from reallocating millions of dollars in disaster mitigation grants.
The lawsuit, filed by a coalition of 20 state attorneys general, alleges that the Trump administration violated federal law and the constitutional separation of powers by eradicating the Building Resilient Infrastructure and Communities program, or BRIC.
On Tuesday, the states received limited relief from U.S. District Court Judge Richard G. Stearns, who wrote in his order that he is “not convinced” that Congress ever anticipated or intended that funds meant exclusively for BRICS would be used for other purposes.
“The BRIC program is designed to protect against natural disasters and save lives,” Stearns said.
“The court is not convinced that Congress vested in the agency any discretion to reallocate funds from the BRIC account,” the Boston-based judge wrote.
Stearns’ decision will, at least temporarily, prevent the Trump administration from clawing back about $4 billion in BRICS-related funds.
In court filings, the attorneys general noted that FEMA’s decision to abruptly terminate BRIC contradicts the legal authority of Congress, which established and funded the program.
“FEMA’s termination of this bipartisan program defies both law and logic,” Washington state Attorney General Nick Brown said in a press release. “Congress created this fund because America’s towns are already struggling with mounting challenges from climate change.”
Brown and his allies say that BRIC has been a lifeline for cities and states across the country, with some communities using grants to invest in longstanding, ongoing disaster mitigation projects. Without BRIC, many—likely most—of these projects will either faulter or fail.
“This illegal cut endangers the communities most vulnerable to natural disasters,” Brown said in a July statement. “Communities and states face devastating consequences when the federal government doesn’t meet its obligations to the public, and I will hold the Trump administration accountable for abandoning their safety.”
California Attorney General Rob Bonta, another co-plaintiff in the lawsuit, posited Stearns’ ruling as a significant step forward against an administration that routinely flouts the rule of law.
“The President keeps breaking the law, and we keep holding him accountable in court,” Bonta said.
“Shuttering this program would do nothing to prevent waste, fraud, and abuse or improve government efficiency. This is a program with bipartisan support that is focused on protecting lives and livelihoods from flooding, wildfires, earthquakes, and other natural disasters,” he added.
Sources
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