A federal judge on Tuesday granted the request of 20 states to block the Trump administration’s attempt to terminate a multibillion-dollar grant program meant for states’ infrastructure upgrades and disaster mitigation.
U.S. District Judge Richard G. Stearns on Aug. 5 in Boston granted a preliminary injunction following a July 31 hearing. The order prevents the government from spending the $4 billion in federal funding under the Building Resilient Infrastructure and Communities (BRIC) program administered by the Federal Emergency Management Agency (FEMA).
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“The states have shown a realistic existence of irreparable harm,” wrote Stearns in his order. “The funds, if spent on other purposes, will be lost forever.”
“Shuttering this program would do nothing to prevent waste, fraud, and abuse or improve government efficiency,” said Rob Bonta attorney general of California—the largest beneficiary of the program. “This is a program with bipartisan support that is focused on protecting lives and livelihoods from flooding, wildfires, earthquakes, and other natural disasters. I’m pleased the District Court has ensured this funding will not be redirected and misspent while our litigation continues.”
Stearns said the government “equivocates” on whether the BRIC program has been ended. The federal government also argued whether the states had shown any injury or harm, because FEMA has yet to cancel any grants or denied any requests for extensions, according to David Richardson, acting head of FEMA.
Richardson’s “carefully crafted assurances,” did not convince Stearns that “in reality the termination of BRIC is merely a theoretical possibility rather than a preordained outcome.” To demonstrate the point the judge referenced a FEMA report published in July showing a net gain in the Disaster Relief Fund of about $4 billion. The exact amount was shown as a net loss in the BRIC account.
“The court agrees with the states that the claimed harm is likely imminent and not merely speculative,” said Sterns, adding that FEMA’s announcement to end BRIC “signal that a final determination has been made from which concrete consequences have been felt.”
The states in July sued FEMA, Richardson, the Department of Homeland Security, and Kristi Noem, secretary of DHS. They claim FEMA lacks the power to cancel the funds without approval from Congress since it voted to fund the program. Stearns in his ruling said, “The court is not convinced that Congress vested in the agency any discretion to reallocate funds from the BRIC account.”
Related: Trump Administration Sued by States for Cutting Disaster Prevention Grants
Stearns’ ruling freezes the funds unit a final judgement on the states’ suit is made.
When the suit was announced, Massachusetts Attorney General Andrea Joy Campbell’s office said impact of the BRIC program “has been devastating, with communities across the country being forced to delay, scale back, or cancel hundreds of mitigation projects depending on this funding.”
With Massachusetts, Washington co-leads the lawsuit against the Trump administration. Washington Attorney General Nick Brown said, “FEMA’s termination of this bipartisan program defies both law and logic. Congress created this fund because America’s towns are already struggling with mounting challenges from climate change.”
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FEMA
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