A federal court on Tuesday temporarily barred the Trump administration from reallocating funds used by the Federal Emergency Management Agency (FEMA) to help communities prevent future storm damage.
A coalition of 20 Democrat-led states sued the Trump administration over its move to end the Building Resilient Infrastructure and Communities (BRIC) program, which helps fund infrastructure upgrades to make communities more prepared for extreme weather.
Now, while that litigation plays out, FEMA will not be able to repurpose the money it would have spent on the program.
“The Government is preliminarily enjoined from spending the funds allocated to BRIC for non-BRIC purposes until the court is able to render a final judgment on the merits,” said the decision from Judge Richard Stearns, a Clinton appointee in Massachusetts.
The decision does not release the funds to the states but simply prevents the Trump administration from using the money for other purposes.
“The court is not convinced that Congress vested in the agency any discretion to reallocate funds from the BRIC account,” Stearns wrote.
He added that there’s a significant potential for harm to the states based on the decision, noting that “the BRIC program is designed to protect against natural disasters and save lives.”
The states that sued are Washington, Massachusetts, Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont and Wisconsin. Pennsylvania Gov. Josh Shapiro (D) sued in his gubernatorial capacity, as his state’s attorney general is a Republican.
“The President keeps breaking the law, and we keep holding him accountable in court,” said California Attorney General Rob Bonta (D) in a written statement.
“Shuttering this program would do nothing to prevent waste, fraud, and abuse or improve government efficiency. This is a program with bipartisan support that is focused on protecting lives and livelihoods from flooding, wildfires, earthquakes, and other natural disasters,” he added.
The Trump administration has attempted to reallocate multiple federal funds, especially pertaining to programs it disagrees with.
It has aimed particular fire at FEMA, having floated the idea of even eliminating the agency outright, though lately its rhetoric has leaned more toward reforms than outright termination.
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