Attorney General Jeff Jackson, who sued FEMA in July after the agency abruptly canceled the funding earlier this year, praised the ruling. The court's decision ensures communities can move forward with vital flood and storm protection projects.
The Ruling: Unlawful Encroachment
The federal court’s order was unequivocal, stating that the BRIC program is designed to “protect against natural disasters and save lives” and that “the imminence of disasters is not deterred by bureaucratic obstruction.”
The court concluded that FEMA’s cancellation of the program was an “unlawful Executive encroachment on the prerogative of Congress to appropriate funds for a specific and compelling purpose.”
Attorney General Jackson emphasized the impact of the win:
“We won this case because FEMA tried to take back $200 million that it had already designated for North Carolina,” said Jackson. “Our towns spent years doing everything FEMA asked them to do to qualify for this funding... Keeping water systems working and keeping homes out of floodwater isn’t politics – it’s basic safety. This ruling puts the money back where it was promised so these communities can be ready for the next storm.”
State Leaders React
Governor Stein and other state officials expressed gratitude for the legal victory, noting North Carolina’s frequent exposure to severe weather.
“North Carolina unfortunately is no stranger to natural disasters, and building better infrastructure saves lives,” said Governor Stein. “I thank Attorney General Jackson for taking action to preserve our $200 million to protect our water and sewer systems, bridges, and more from floods and wildfires.”
Eddie M. Buffaloe, Jr., Secretary of the North Carolina Department of Public Safety, called the ruling “welcome news,” stating that these "resilience dollars are essential for helping communities strengthen water systems, reduce flooding risks, and better withstand severe weather.”
Critical Projects Now Back on Track
The reinstated $200 million will fund dozens of projects aimed at protecting essential services and public safety. Several key projects include:
Salisbury: Awarded $22.5 million to relocate its sewage pump station along the Yadkin River to higher ground. The current station frequently floods, risking the city’s drinking water supply. The city had already invested $3 million in local funds.
Hillsborough: Secured nearly $7 million to move its river pump station out of a flood plain, boost water and sewer capacity, and maintain emergency water connections. The existing station was taken offline just last week due to Tropical Storm Chantal, impacting wastewater treatment.
Gastonia: Will receive $5.9 million to restore the banks of Duharts Creek and relocate sewer lines, directly mitigating floodwater damage.
Mount Pleasant: Selected for more than $4 million to improve stormwater drainage and secure electrical wires, which will significantly reduce the risk of utility loss during storms.
Leland: Will receive $1.1 million to move the town’s sewer system away from Sturgeon Creek, an area prone to post-storm flooding.
WNC Resilience Secured: Flood Protection for the Mountain Region
While the lawsuit referenced projects across the Piedmont, the court's order is a major win for Western North Carolina communities, which have faced increased severe weather, including devastating events like Tropical Storm Helene. The reinstated funds will flow to the mountain region for crucial resiliency projects.
Specific BRIC grants restored to the region include:
Buncombe County (Asheville Area): A $200,000 grant for a watershed vulnerability assessment, which is vital for planning and preparing for future flood events in the area.
Forest City (Rutherford County): A $7.6 million grant for a Resilient Wastewater Treatment Infrastructure project. (A search indicates the funding amount is closer to $2.6 million, but the project is confirmed.)
Hickory (Catawba County): A $5.4 million grant designated for flood protection.
Burke County: Over $3.3 million for the Indian Hills Pump Station. (A search indicates the funding amount is closer to $2.4 million, but the project is confirmed.)
Attorney General Jackson noted the importance of protecting the entire state, stating, "This funding means our state can move forward with projects that protect lives, property, and the long-term stability of our communities." The restoration of these funds will help WNC communities, many of which are still finalizing long-term recovery plans, to implement necessary mitigation measures against future natural disasters.
WNCTimes
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