Vermont Business Magazine Attorney General Charity Clark and a coalition of 23 states today won their lawsuit against the Trump Administration over its unlawful attempt to shut down the Federal Emergency Management Agency’s (FEMA) bipartisan Building Resilient Infrastructure and Communities (BRIC) program, designed to protect communities from natural disasters before they strike. The court’s decision prevents FEMA from terminating the BRIC program and requires the restoration of these critical funds to the communities relying on them.
“I am thrilled that today a federal court has agreed with our argument that ending FEMA’s BRIC program, after Congress funded it, is illegal,” said Attorney General Clark. “This is a win not only for Vermont communities devastated by severe floods, but for every community in this country experiencing the impacts of climate disasters.”
Over the past four years, FEMA has selected nearly 2,000 projects to receive roughly $4.5 billion in BRIC funding nationwide. In Vermont, the Department of Public Safety and its subgrantees have 36 projects selected for BRIC funding totally more than $5 million. BRIC funding is primarily used to plan and design infrastructure projects to reduce risks of natural disasters, including floods.
Today’s court decision affirms the coalition’s position that FEMA’s decision to abruptly terminate the BRIC program is in direct violation of Congress’s decision to fund it, and that the Executive Branch has no lawful authority to unilaterally refuse to spend funds appropriated by Congress. The judge also concluded that FEMA’s actions violate Separation of Powers, the Appropriations and Spending Clauses, and the Administrative Procedure Act.
Attorney General Clark was joined in filing this lawsuit by the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New Mexico, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin, as well as the governors of Kentucky and Pennsylvania.
A copy of the court’s decision is available on our website.
12.11.2025. MONTPELIER, Vt. – Attorney General
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