NJ, 21 other states ask court to force Trump administration to restore FEMA disaster mitigation program

TRENTON, N.J. — New Jersey’s acting attorney general and officials from 21 other states and the District of Columbia are asking a federal court to enforce its order blocking the Trump administration from terminating a key disaster mitigation program, arguing that the administration has failed to comply with the ruling.

In a motion filed Tuesday in U.S. District Court, Acting Attorney General Jennifer Davenport said the administration has not taken steps to restore the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities program, known as BRIC, despite a December 2025 court order prohibiting its termination.

The multistate coalition previously won an order on Dec. 11 barring FEMA from ending the program. Davenport and the other officials now contend that FEMA regional offices appear to be delaying implementation of that order, leaving projects stalled and states without access to grant information or funding.

“New Jersey is no stranger to natural disasters that have devastated our state,” Davenport said in a statement. “Instead of working with us to prepare for the next major natural disaster and reduce the massive costs these catastrophic storms impose, the Trump Administration is doing everything in its power — now even going so far as to ignore court orders — to keep New Jerseyans from accessing critical federal resources for disaster preparedness.”

The motion seeks immediate court action to require the federal government to make pre-disaster mitigation funds available, communicate next steps for current projects, notify stakeholders that the termination has been reversed and file status reports outlining compliance efforts.

The BRIC program, which has operated for about 30 years, funds projects designed to reduce damage from natural disasters before they occur. According to FEMA data cited in the filing, every dollar spent on mitigation saves an average of six dollars in post-disaster costs. In New Jersey alone, federally funded disaster mitigation grants have saved more than $10 billion in post-disaster expenses, state officials said.

Acting Department of Environmental Protection Commissioner Ed Potosnak said the program helps fund flood resilience projects and other infrastructure upgrades aimed at lowering the cost of disaster recovery.

“By funding innovative and proactive flooding resilience projects, the BRIC program is critical to reducing the cost of post-disaster relief,” Potosnak said. He praised Davenport’s office for what he described as efforts to protect lives and property while maintaining affordability for residents.

In their filing, the states said they have seen no indication that FEMA has reversed what they call the unlawful termination of the program. Some communications from FEMA regional offices referenced “ongoing litigation” or described the situation as “wait and see,” according to the motion, which argues those responses show active delays in complying with the court’s order.

The December ruling concluded that FEMA’s decision to terminate the program contravened Congress’ decision to fund it and that the executive branch lacks authority to refuse to spend funds appropriated by Congress. The court also found that the termination violated the separation of powers, the Appropriations and Spending Clauses and the Administrative Procedure Act, according to the states’ filing.

Over the past four years, FEMA has selected nearly 2,000 projects nationwide to receive about $4.5 billion in BRIC funding. The program supports projects such as evacuation shelters, flood walls, wildfire protections for utility grids, upgrades to water and wastewater systems and improvements to bridges and roadways.

In addition to New Jersey, the motion was joined by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin and Washington, as well as the District of Columbia. The governors of Kentucky and Pennsylvania also joined the filing.