RI AG Neronha joins lawsuit against Trump admin for canceled disaster prevention grants

• Trump administration terminated a billion-dollar program aimed at protecting communities against natural disasters through infrastructure upgrades.
• RI joined coalition of 20 states in filing the lawsuit against FEMA and Kristi Noem.
• FEMA and Noem have come under scrutiny for their lackluster response to the Texas floods.

Rhode Island Attorney General Peter Neronha sued the Trump administration on July 16 to stop the termination of a multibillion-dollar grant program aimed at protecting communities against natural disasters through infrastructure upgrade projects.

Neronha joined a coalition of 20 mostly Democrat-led states in filing the lawsuit against the Federal Emergency Management Agency (FEMA) and Homeland Security Secretary Kristi Noem in Boston federal court.

“There’s no denying that Rhode Island is particularly susceptible to the ever-increasing effects of climate change, which is why we need to stay ahead of the curve on mitigating risk,” said Neronha in a press release. “It’s high time we seriously ask ourselves if this is a federal government for the people, or for itself. Anyone who’s paying attention already knows the answer.”

The lawsuit comes just a couple weeks after devastating flooding in Texas killed over 130 people. In the weeks since, FEMA and Noem have come under scrutiny for their lackluster response to the disaster. According to reporting from The New York Times, the agency struggled to answer calls from survivors because call center contracts had not been extended. Noem has denied the reporting.

Joining Neronha in filing this lawsuit are attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Vermont, Washington, Wisconsin and Pennsylvania Gov. Josh Shapiro. 

What is the BRIC program?

Neronha is suing over FEMA’s termination of the Building Resilient Infrastructure and Communities (BRIC) program in April.

The BRIC program provides communities with resources to fortify their infrastructure before natural disasters strike. It covers 75% of the costs of infrastructure programs (90% in rural areas) that are meant to protect communities from natural disasters. 

According to the lawsuit, BRIC has provided about $4.5 billion in grants for nearly 2,000 projects over the past four years. 

What is the disaster funding used for?

According to the Attorney General’s office, the funding has been used for “difficult-to-fund projects” like evacuation shelters and flood walls, safeguarding utility grids against wildfires, protecting wastewater and drinking water infrastructure, and fortifying bridges, roadways, and culverts.

In Rhode Island, the University of Rhode Island is currently using funding from the program to develop new and enhanced tools to map flood risk in Rhode Island for coastal and inland waters. 

Why are the attorneys general suing?

FEMA said they terminated the BRIC program because it had been wasteful, ineffective and politicized.

But the attorneys general say that mitigation projects reduce injuries, save lives, protect property and save money, and that the ending of the program means that Americans face a “higher risk of harm from natural disasters.”

They say that the move to cancel the program is in violation of Congress’s decision to fund it and violates the Separation of Powers and the Administrative Procedures Act. They are also claiming that Cameron Hamilton, who gave the directive to terminate the BRIC program as the acting director of FEMA, was not properly appointed and therefore did not have the authority to cancel it.

“The President understands that he and his Administration do not have the power to unilaterally withhold Congressionally allocated funding to the states, and yet here we are again,” said Neronha. “Over the past six months, Democratic attorneys general from across the nation have sued to claw back rightfully allocated funds for everything from education and infrastructure to public health and emergency management.”

The attorneys general are seeking to prevent the termination of the BRIC program and restore the funds. 

Contributing: Reuters