Update: Building Resilient Infrastructure and Communities (BRIC)

State of Washington et al v. Federal Emergency Management Agency et al, Docket No. 1:25-cv-12006 (D. Mass. Jul 16, 2025), Court Docket

During our recent New Grants Paradigm webinar, we highlighted the litigation brought by 20 states—led by Washington State—to prevent the Federal Emergency Management Agency (FEMA) from terminating the Building Resilient Infrastructure and Communities (BRIC) program, a popular mitigation program totaling almost $5 billion. The suit was filed in the Federal District Court of Massachusetts on July 16, 2025; District Judge Stearns granted the plaintiffs a preliminary injunction on August 5, 2025, and then a summary judgement on December 11, 2025.

In finding FEMA’s termination of BRIC funding unlawful, Judge Stearns ordered FEMA to promptly reverse the termination, but after two months the states did not see evidence that FEMA had complied with the Court order. The plaintiffs then filed a motion on February 17, 2026, for the Court to enforce the judgement. On March 6, 2026, Judge Stearns issued an enforcement order.

In the order, Judge Stearns acknowledged that FEMA may have been delayed in its actions by staffing shortages and transition at FEMA after Secretary Noem’s departure. He placed FEMA on a tight schedule, however, ordering the agency to file a status report in 14 days detailing the steps it is taking to restore the BRIC funding—of which $750 million in grants was frozen—and issue 2025 and 2026 Notices of Funding Opportunity (NOFOs). Within 21 days, FEMA must issue a NOFO for fiscal year 2024, as Congress directed in the Infrastructure Investment and Jobs Act. Presumably, the BRIC grant funding will soon begin to flow.

Separation of powers was a key issue in the BRIC litigation. Therefore, future courts may cite the State of Washington case as precedent while other litigation wends its way through the courts.