Colorado wins ruling blocking cuts to FEMA BRIC program

DENVER — Colorado Attorney General Phil Weiser and a coalition of 20 states secured a court ruling that blocks the Trump administration from halting a major federal disaster preparedness program.

The decision prevents the Federal Emergency Management Agency from ending the Building Resilient Infrastructure and Communities (BRIC) program and orders the agency to restore funding for mitigation projects nationwide.

For three decades, the BRIC program has helped communities strengthen infrastructure before natural disasters strike. The initiative has focused on preparation by funding projects that reduce damage and protect lives and property.

“Natural disasters are not random occurrences in Colorado. We must prepare for them and do everything we can to protect our communities,” Weiser said in a statement. “This funding saves lives. It is as simple as that. The Trump administration’s withholding of such critical funding is both illegal and immoral, and that is why we sued to stop this action and ensure we received the funds.”

BRIC is considered FEMA’s central mitigation program. Its projects must be cost-effective. A recent study found that every dollar spent on mitigation saves an average of six dollars in post-disaster costs. The program supports projects that are often difficult for local governments to fund, including evacuation shelters, flood walls, utility grid protections, wastewater and drinking water upgrades, and reinforced bridges and roadways.

FEMA has approved nearly 2,000 projects valued at about $4.5 billion over the past four years. In Colorado, BRIC dollars support the Gold Hill Pipeline Project west of Greeley, which protects drinking water supplies from disruptions caused by wildfires, flooding and other hazards.

The court ruled that FEMA’s abrupt decision to eliminate BRIC violated Congress’s direction to fund the program. The judge found that the administration lacked authority to halt spending of funds appropriated by Congress and that FEMA’s action violated the Administrative Procedure Act and the separation of powers.