Attorney General Phil Weiser sues Trump administration to save $4B program that fortifies communities against natural disasters

July 16, 2025 (DENVER) – Attorney General Phil Weiser today joined a coalition of 20 states in suing the Trump administration over its decision to illegally shut down a popular and valuable Federal Emergency Management Agency program designed to protect communities from natural disasters before they strike.

For the past 30 years, the Building Resilient Infrastructure and Communities, or BRIC, program and its predecessors have provided states with resources to proactively fortify their infrastructure against natural disasters. By focusing on preparation, the program has protected property, saved money that would have otherwise been spent on post-disaster costs, reduced injuries, and saved lives.

“Coloradans know all too well the destructive power of wildfires, floods, and other disasters. Cutting off this critical funding puts our communities at greater risk and undermines years of planning and investment. This unlawful decision not only defies congressional authority—it puts up unnecessary barriers to protecting lives, homes, and essential infrastructure,” said Attorney General Weiser. “We’re standing up to defend Colorado’s ability to prepare for disasters and hold this administration accountable.”

Responding to the catastrophic losses resulting from Hurricane Katrina and its aftermath, Congress passed a law stating FEMA must protect communities through four interrelated functions—mitigation, preparation, response, and recovery. The BRIC program is the core of FEMA’s pre-disaster mitigation efforts. A recent study concluded that every dollar FEMA spends on mitigation saves an average of six dollars in post-disaster costs.

The BRIC program supports difficult-to-fund projects, such as constructing evacuation shelters and flood walls, safeguarding utility grids against wildfires, protecting wastewater and drinking water infrastructure, and fortifying bridges, roadways, and culverts.

The impact of the BRIC program’s termination has been devastating, with communities across the country forced to delay, scale back, or cancel hundreds of mitigation projects depending on this funding. From coast to coast, Americans now face a higher risk of harm from natural disasters.

Over the past four years, FEMA has selected nearly 2,000 projects to receive roughly $4.5 billion in BRIC funding nationwide. In Colorado, BRIC funding supports the Gold Hill Pipeline Project west of Greeley, an essential safeguard against water supply disruptions caused by wildfires, floods, and other natural disasters.

Attorney General Weiser and the coalition argue that FEMA’s decision to abruptly terminate the BRIC program is in direct violation of Congress’ decision to fund it. The Executive Branch has no lawful authority to unilaterally refuse to spend funds appropriated by Congress. They also assert that shutting down the BRIC program violates Separation of Powers and the Administrative Procedure Act, and violates the Appointments Clause because Cameron Hamilton, who acted as FEMA administrator and gave the directive to terminate the BRIC program, was never appointed by the president or confirmed by the U.S. Senate and was acting as administrator unlawfully.

With this lawsuit, the coalition is seeking a preliminary injunction to prevent the Trump administration from spending BRIC funds on other purposes, and a permanent injunction to reverse the termination of the BRIC program and require the restoration of these funds to the communities relying on them.

Joining Attorney General Weiser in filing this lawsuit are attorneys general of Arizona, California, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the governor of Pennsylvania.

Read a copy of the lawsuit (PDF).

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Media Contact:
Lawrence Pacheco
Chief Communications Officer
(720) 508-6553 office
lawrence.pacheco@coag.gov