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, or BRIC, program, a grant initiative used by states and municipalities to plan and build projects designed to reduce damage from natural disasters.
In the new filing, the coalition argues that FEMA has not taken the steps required by the court’s earlier order to reverse the program’s termination. The states say they still have not received basic information needed to move forward with existing BRIC projects, leaving communities in limbo as they wait for clarity on whether approved or pending work can proceed.
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 of current BRIC projects and the next steps for each one, clearly communicate that the program’s termination has been reversed, and submit compliance updates to the court.
The states’ motion points to what they describe as delays inside FEMA’s regional offices, including officials telling states they have no updates because of “ongoing litigation.” State summaries of the filing also describe a broader “wait and see” posture and references to a “litigation hold,” which the coalition says have prevented states from getting the guidance needed to advance projects already in the pipeline.
BRIC is FEMA’s main pre-disaster mitigation program, supporting projects such as flood walls, shelters, and upgrades to utilities, water systems, bridges, and roadways. In earlier reporting on the lawsuit, the program was described as having supported nearly 2,000 projects worth roughly $4.5 billion over four years, making it a major source of funding for communities trying to reduce damage before the next major storm or flood hits.
A federal judge ruled in December 2025 in a decision the coalition says required FEMA to reverse its termination of the program. The latest motion asks the court to enforce that order and compel the federal government to comply.
Acting Attorney General Jennifer Davenport sharply criticized the administration’s handling of the program in a statement included in New Jersey’s announcement: “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 importance, saying: “By funding innovative and proactive flooding resilience projects, the BRIC program is critical to reducing the cost of post-disaster relief.”
New Jersey said the motion was filed alongside 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, as well as the governors of Kentucky and Pennsylvania.