Attorney General Kwame Raoul, along with a coalition of 23 states and attorneys general, has won a lawsuit against the Trump Administration regarding its attempt to end the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program. The court ruling prevents the administration from discontinuing the program, which provides funding to help communities prepare for natural disasters.
The BRIC program has operated for three decades, offering resources to strengthen infrastructure before disasters occur. It supports state, tribal, and local governments in disaster mitigation efforts aimed at saving lives and protecting property.
“This ruling illustrates, once again, that the separation of powers and the rule of law still matter in our democracy,” Raoul said. “Congress appropriated funding to the BRIC program because of the important role it plays in protecting property, reducing injuries and saving lives before natural disasters strike. I will continue work to protect this vital program as well as other public safety programs targeted by the Trump administration with unlawful and unwarranted cuts.”
Following Hurricane Katrina, Congress required FEMA to focus on disaster mitigation, preparation, response, and recovery. The BRIC program is central to these mitigation efforts. According to recent research cited in the release, every dollar spent on mitigation through FEMA saves an average of six dollars in costs after disasters.
BRIC funds projects such as evacuation shelters, flood walls, protection for utility grids and water infrastructure, as well as reinforcement of bridges and roadways. Over four years, nearly 2,000 projects have received about $4.5 billion nationwide through BRIC funding.
In Illinois specifically, BRIC grants have supported projects like relocating a wastewater treatment plant out of a flood-prone area to protect drinking water supplies for several communities including DePue and Peoria. Another funded project aims to reduce flooding risks in the Des Plaines River Valley—a region frequently affected by severe floods that have caused significant damage—while also ensuring access routes remain open for Advocate Lutheran General Hospital serving multiple communities.
The court found that FEMA’s move to terminate BRIC violated congressional authority over spending decisions. The judge ruled that FEMA’s actions breached principles related to separation of powers as well as federal laws governing appropriations and administrative procedures.
Other states joining Illinois in this legal challenge include Arizona, California, Colorado, Connecticut, Delaware, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont Washington and Wisconsin; along with Kentucky’s governor and Pennsylvania’s governor.