NC Leads Multi-State Legal Battle Against FEMA Over Canceled Storm-Relief Program

Raleigh --  North Carolina Attorney General Jeff Jackson today launched a major federal lawsuit against the Federal Emergency Management Agency (FEMA), challenging the agency's abrupt decision to scrap the Building Resilient Infrastructure and Communities (BRIC) program.

This critical program was set to deliver over $200 million to North Carolina alone, funding vital projects aimed at protecting the state's infrastructure from the escalating threats of severe weather.

The lawsuit, filed alongside a coalition of 19 other states and the Governor of Pennsylvania, alleges that FEMA's cancellation of the BRIC program is unlawful and a violation of the U.S. Constitution and federal statutes. The BRIC program, designed to proactively fortify communities, supported projects ranging from safeguarding water and sewer systems to constructing flood walls and strengthening bridges and roadways. The program emphasized mitigation, a strategy proven to save an average of $6 in post-disaster costs for every $1 invested.

The sudden cessation of funding, announced by FEMA in April, has left numerous communities across the nation in limbo, forcing them to delay, scale back, or entirely abandon multi-million-dollar projects that have been years in the making. In North Carolina, the impact is keenly felt. Salisbury, for instance, was slated to receive $22.5 million to relocate a crucial pump station, a project now hanging in the balance. Hillsborough was counting on nearly $7 million to move its pump station out of a flood plain and expand water and sewer capacity, a need starkly highlighted by Tropical Storm Chantal which recently took the town's river pump station offline. Gastonia had secured $5.9 million for Duharts Creek bank restoration and sewer line relocation, while Mount Pleasant was awarded over $4 million for stormwater drainage and electrical infrastructure improvements.

Attorney General Jackson emphasized the critical nature of these investments, stating that such projects are "a lifeline for our towns and cities trying to make sure every resident has clean and reliable water to drink, a functioning sewage system, and measures in place to prevent the next storm from devastating their communities."

This legal action follows bipartisan calls from North Carolina lawmakers, including U.S. Senator Thom Tillis and U.S. Representative Chuck Edwards, who had urged FEMA to reinstate the funds. They warned that "forgoing these critical investments will only make it harder and more expensive for communities to recover from the next storm."

The coalition's lawsuit contends that FEMA's decision is in direct defiance of congressional intent to prioritize mitigation and that the agency lacks the authority to unilaterally halt a program specifically funded by Congress. Furthermore, the lawsuit questions the legality of the appointments of the FEMA administrators who ordered the program's termination.

The states are seeking both a preliminary injunction to prevent FEMA from diverting BRIC funds to other purposes and a permanent injunction to fully restore the program and the vital funding promised to states and communities. The outcome of this legal challenge will have significant implications for disaster preparedness and resilience across the nation.

WNCTimes

Image: AI Generated by WNCTimes