Federal Disaster Prep Program Remains Frozen Despite Court Order

FEMA ignores judge's order to restore funding for Building Resilient Infrastructure and Communities program

Published on Feb. 21, 2026

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A federal judge ordered FEMA to restore funding for the Building Resilient Infrastructure and Communities (BRIC) program, which provides grants to help states and cities prepare for future disasters. However, the Trump administration has not complied with the order, leaving critical projects in limbo across the country. State attorneys general have accused FEMA of dragging its feet on compliance.

Why it matters

BRIC is a key federal program that helps communities become more resilient to the impacts of climate change and natural disasters. Its termination would jeopardize important mitigation projects and increase the long-term costs of disaster recovery for state and local governments.

The details

In April 2025, the Trump administration issued a memo announcing its intent to shut down the BRIC program. After a group of states sued, a federal judge ordered FEMA to restore the program's funding in December 2025. However, FEMA has not taken any steps to comply with the court order, according to anonymous agency officials. State attorneys general have accused the agency of delaying compliance and refusing to provide updates on the status of frozen BRIC-funded projects.

  • In April 2025, the Trump administration issued a memo to shut down the BRIC program.
  • In December 2025, a federal judge ordered FEMA to restore BRIC funding and 'promptly take all steps necessary to reverse' the termination.
  • FEMA's deadline to appeal the judge's ruling was February 9, 2026.

The players

FEMA

The Federal Emergency Management Agency, which administers the BRIC program.

Trump Administration

The former presidential administration that sought to terminate the BRIC program.

Judge Richard Stearns

The federal judge who ordered FEMA to restore BRIC funding in December 2025.

State Attorneys General

A coalition of state attorneys general who have accused FEMA of dragging its feet on complying with the court order.

Emily Granoff

The deputy director of housing and community development for the city of Chelsea, Massachusetts, who is overseeing a BRIC-funded flood protection project that has been put on hold.

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What they’re saying

“It boggles the mind that almost two dozen states had to go back to court to ask Judge Stearns to enforce the existing court order against FEMA.”

— Shana Udvardy, Senior Policy Analyst, Union of Concerned Scientists (Grist)

“If they're really concerned about the escalating cost of natural disasters and the burden on the federal government, they should be concentrating on resilience. That's the only thing that ultimately reduces the losses.”

— Leo Martinez-Diaz, Director of the Climate and Sustainability Program, Carnegie Endowment for International Peace (Grist)

What’s next

The judge in the case will decide whether to compel FEMA to comply with the court order and make BRIC funding available to states.

The takeaway

The Trump administration's refusal to restore funding for the BRIC program, despite a court order, highlights the political challenges of implementing critical climate adaptation measures and the need for the federal government to prioritize disaster resilience as the costs of natural disasters continue to escalate.