2-19-2026 1:52pm

New Jersey Joins Bid To Enforce Court Order Restoring FEMA Disaster-Mitigation Program

A multistate coalition asked a federal judge to require FEMA to resume BRIC grant activity after a December 2025 ruling; New Jersey officials say stalled funding affects projects meant to reduce storm and flood damage.

New Jersey and a coalition of other states asked a federal court on Feb. 17 to enforce a December 2025 order blocking the federal government from ending FEMA’s Building Resilient Infrastructure and Communities program, a grant initiative used by states and municipalities to plan and build projects intended to reduce damage from natural disasters.

In the filing, the coalition argues that FEMA has not taken the steps required by the court’s prior order to reverse the program’s termination and that states have been unable to obtain basic information needed to move existing BRIC projects forward.

What the motion asks the court to do

According to statements from participating attorneys general, the states are asking the U.S. District Court in Massachusetts to require the federal government to make pre-disaster mitigation funds available as required by law, provide states with the status and next steps for current BRIC projects, communicate that the program’s termination has been reversed, and submit compliance updates to the court.

The states’ motion cites examples of what it describes as regional FEMA offices delaying implementation and telling states they have no updates due to “ongoing litigation,” including references to a “wait and see” posture and a “litigation hold,” according to state summaries of the filing.

Background on BRIC and the December ruling

BRIC is FEMA’s pre-disaster mitigation program, which supports projects such as flood walls and shelters, and upgrades to utilities, water systems, bridges and roadways. In earlier reporting on the lawsuit, BRIC was described as having supported nearly 2,000 projects totaling roughly $4.5 billion over four years.

A federal judge issued a ruling in December 2025 that the coalition says required FEMA to reverse its termination of the program. The new motion seeks enforcement of that order.

New Jersey officials’ statements

Acting Attorney General Jennifer Davenport criticized the administration’s handling of the program in a statement included in New Jersey’s announcement, saying: “New Jersey is no stranger to natural disasters that have devastated our state. 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.”

Acting Department of Environmental Protection Commissioner Ed Potosnak also emphasized the program’s role in funding mitigation projects, saying: “By funding innovative and proactive flooding resilience projects, the BRIC program is critical to reducing the cost of post-disaster relief.”

Who joined the filing

New Jersey’s announcement said the motion was filed with the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin and Washington, and the governors of Kentucky and Pennsylvania.