New Jersey Attorney General Matthew J. Platkin has taken legal action against the Trump Administration, joining a coalition of 20 states in a lawsuit concerning the Federal Emergency Management Agency's (FEMA) Building Resilient Infrastructure and Communities (BRIC) program. The suit alleges that the administration unlawfully shut down this program, which is designed to help communities prepare for natural disasters.
The BRIC program, operational for three decades, provides resources to strengthen infrastructure before disasters occur. It aims to protect property and save on post-disaster costs while reducing injuries and saving lives.
“New Jersey has repeatedly been hit by natural disasters including Sandy and Ida, which devastated our state with major loss of life and property,” stated Attorney General Platkin. He criticized the Trump Administration's decision as "callous" and an "unlawful termination" of a vital program.
Shawn M. LaTourette, New Jersey Environmental Protection Commissioner, emphasized the reality of climate change threats: “Funding from the BRIC program supports critical initiatives that enhance resilience and protect lives and property."
Congress had mandated FEMA to engage in mitigation, preparation, response, and recovery efforts following Hurricane Katrina. A study showed that each dollar spent on mitigation saves six dollars in future disaster costs.
The termination of BRIC has led many communities to halt or cancel important projects due to funding issues. These include projects like flood walls in New Jersey cities such as Jersey City and Hoboken.
Attorney General Platkin argues that terminating BRIC violates Congress's appropriation authority. The lawsuit claims it breaches Separation of Powers, the Administrative Procedures Act, and notes Cameron Hamilton’s role as acting FEMA Administrator was unauthorized since he wasn't appointed by the President or confirmed by the Senate.
The lawsuit seeks both preliminary and permanent injunctions against using BRIC funds for other purposes. It demands restoring funds to communities relying on them.
States joining New Jersey in this legal challenge include Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, North Carolina Oregon Rhode Island Vermont Washington Wisconsin along with Pennsylvania's governor.
