AG Ellison joins lawsuit to block FEMA cuts

Attorney General Keith Ellison is joining a lawsuit with 19 other states to prevent the Trump administration from shutting down a FEMA grant program. More than a third of Minnesota’s counties were expected to receive funding from the program, called Building Resilient Infrastructure and Communities (BRIC), before it ended. 

BRIC provides funding for state and local jurisdictions to take preventative measures against disasters. This includes projects like floodwalls, tornado shelters and soil remediation projects. Coastal regions have received the most funding in recent years due to their vulnerability to disasters.

According to the complaint, 34 Minnesota counties planned to use the funds to update hazard mitigation plans that identify and address disaster risks. These plans are required when local governments seek to qualify for assistance after a disaster. 

“Preparing for natural disasters ahead of time doesn’t just save money and property, it saves lives,” Ellison said in a press release. “The Trump Administration’s decision to shut down a crucial disaster preparedness program is foolish, cruel, and unlawful. 

The Trump administration terminated BRIC on April 4, impacting disaster mitigation efforts across the country. 

“The BRIC program was yet another example of a wasteful and ineffective FEMA program. It was more concerned with political agendas than helping Americans affected by natural disasters,” a FEMA spokesperson said in a statement that’s been since taken offline. 

BRIC was established after the passage of the Disaster Recovery Reform Act of 2018 during the first Trump administration. Predecessors to the program arose from bipartisan efforts nearly 30 years ago that sought to increase disaster preparedness. A 2019 study found that every dollar the federal government spends on mitigation results in an estimated $6 of savings. 

Ellison’s lawsuit argues that the executive branch doesn’t have the power to terminate funds appropriated by Congress. It also states that the decision violates the Constitution’s appointment clause — the FEMA administrator who cut the program, Cameron Hamilton, wasn’t appointed by Trump or confirmed by the Senate. 

This case marks the 29th lawsuit Ellison has filed against the Trump administration, according to Ellison’s office. Many of the cases argue Trump has acted unconstitutionally by usurping Congress’ power of the purse. Recent lawsuits have involved cuts to Department of Education funding and ICE’s access to personal data.