Acting Attorney General Jennifer Davenport, along with attorneys general from 21 other states and the District of Columbia, has filed a motion in U.S. District Court seeking enforcement of a December 2025 order that bars the Trump Administration from ending the Building Resilient Infrastructure and Communities (BRIC) program. The BRIC program provides funding to help New Jersey and other states strengthen infrastructure against natural disasters.
According to the coalition’s filing, despite the court’s previous decision, the Trump Administration has not indicated plans to comply, and regional offices of the Federal Emergency Management Agency (FEMA) appear to be delaying action on the order. The motion asks for immediate court intervention to prevent further withholding of BRIC funds.
The BRIC program has operated for three decades, supporting projects that have saved lives, reduced injuries, protected property, and lowered post-disaster costs. In New Jersey alone, disaster mitigation grants funded by FEMA have reportedly saved more than $10 billion in such costs. Data shows that every dollar spent on mitigation through programs like BRIC saves an average of six dollars after disasters occur.
“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,” said Acting Attorney General Davenport. “The Trump Administration’s actions are as unconscionable as they are unlawful, and they will dramatically increase the costs that hard-working New Jerseyans will bear when the next natural disaster strikes. Make no mistake: We will do everything in our power to protect these critical programs from unlawful attacks out of Washington.”
Acting Department of Environmental Protection Commissioner Ed Potosnak added: “By funding innovative and proactive flooding resilience projects, the BRIC program is critical to reducing the cost of post-disaster relief. We stand firmly with our partners from across the nation in fighting to ensure the continuation of this program. I commend Acting Attorney General Davenport and her team for helping us to protect lives and property while delivering on Governor Sherrill’s promise of efficiency and affordability for the people of New Jersey.”
States report continued delays as FEMA regional staff cite “ongoing litigation” or advise a “wait and see” approach due to a “litigation hold.” The motion argues these communications show active delay in compliance with the court’s order.
The December 2025 court order found that FEMA’s attempt to end BRIC violated congressional intent by refusing to spend appropriated funds and breached constitutional principles regarding separation of powers, appropriations, spending clauses, and administrative procedures.
Now, states seek enforcement requiring federal authorities to release pre-disaster mitigation funds as required by law; update states on project status; inform stakeholders about reversal of BRIC termination; and file status reports detailing compliance efforts.
BRIC funding supports projects like evacuation shelters, flood walls, utility grid protection against wildfires, safeguarding water infrastructure, and reinforcing transportation routes. In recent years nearly 2,000 projects nationwide were selected for approximately $4.5 billion in funding.
Joining Acting Attorney General Davenport are attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Mexico, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin and Washington—as well as governors from Kentucky and Pennsylvania.
The office led by New Jersey Attorney General Matthew Platkin operates statewide with authority over law enforcement matters including legal representation for state agencies [source]. It aims to protect residents’ lives and property while upholding legal standards [source], providing services such as victim advocacy and consumer protection [source].
