A federal district judge issued a decisive ruling on Thursday, stating that the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) cannot unilaterally terminate the Building Resilient Infrastructure and Communities (BRIC) program without explicit authorization from Congress.
The judge, Judge James R. Brown of the U.S. District Court for the Eastern District of Virginia, found that FEMA’s effort to cancel pending grant awards violated the Administrative Procedure Act and exceeded the agency’s statutory authority. In his opinion, the court emphasized that “Congressional intent is clear: the BRIC program was established to provide long‑term, climate‑focused funding, and only Congress may alter or terminate it.”
Created in 2021, the BRIC program allocates billions of dollars to state, local, and tribal governments for projects that enhance the nation’s ability to withstand extreme weather events and rising sea levels. Since its inception, the program has funded more than 150 projects ranging from flood‑resilient housing to upgraded storm‑water systems.
The Trump administration argued that the program was “redundant” and “an unnecessary expense” in the face of budget constraints. In a statement released on Wednesday, FEMA officials claimed that “the agency must prioritize immediate disaster response over speculative climate initiatives.”
The injunction preserves existing grant commitments for approximately 30 states and several tribal nations, allowing them to move forward with planning and construction. “This decision safeguards critical investments that protect vulnerable communities from the escalating threats of climate change,” said Maria Torres, director of the nonprofit Climate Resilience Alliance.
Republican lawmakers expressed disappointment, with Rep. John Whitfield (R‑TX) stating, “The judiciary is overstepping its role by interfering with the administration’s budgetary priorities.” Conversely, Democratic officials hailed the ruling as a victory for environmental justice, noting that “the courts are upholding the will of the people who voted for these essential safeguards.”
FEMA has indicated it will appeal the decision, but the agency must continue processing the grants while the appeal is pending. Legal analysts predict a protracted battle, noting that “the ultimate resolution may hinge on whether Congress chooses to amend the BRIC statute or let the courts settle the dispute.”