New Jersey Attorney General Matthew J. Platkin has joined 19 other states in suing the Trump Administration over its abrupt termination of a federal program that funds disaster mitigation projects, warning the move could jeopardize infrastructure upgrades and public safety measures across the country.
The lawsuit, filed in federal court this week, challenges the shutdown of the Federal Emergency Management Agency’s Building Resilient Infrastructure and Communities (BRIC) program, which provides billions in funding to help communities prepare for natural disasters. Since 2020, the BRIC program has funded nearly 2,000 projects nationwide, including dozens in New Jersey.
“For a state like New Jersey, which has suffered through Sandy, Ida, and now increasingly frequent severe storms, this program is essential,” Platkin said in a statement. “Its termination is unlawful, and it puts lives and property at greater risk from future disasters.”
The legal complaint argues the shutdown violates multiple federal laws, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, which authorizes FEMA to carry out disaster mitigation efforts. The lawsuit also cites the Impoundment Control Act, asserting the federal government cannot withhold funds that Congress has explicitly appropriated, and the Administrative Procedure Act, which requires public input before such major policy shifts.
In a constitutional challenge, the suit alleges that Cameron Hamilton, the FEMA official who directed the program’s termination, was never lawfully appointed by the president or confirmed by the Senate, violating the Appointments Clause of the U.S. Constitution.
The states are seeking a preliminary injunction to stop FEMA from redirecting BRIC funds elsewhere and a permanent injunction that would restore the program and compel the agency to resume awarding funds.
In New Jersey, BRIC dollars have supported major flood mitigation efforts, including projects in the Meadowlands, Jersey City, Hoboken, and Port Newark, where funding has helped floodproof critical infrastructure such as water and fire pump stations. Without BRIC, officials say these and other projects may be delayed, scaled back, or canceled entirely.
“The threats of climate change are real and only growing,” said Shawn M. LaTourette, Commissioner of the New Jersey Department of Environmental Protection. “Programs like BRIC are crucial to protecting lives and building resilience. Ending them now is reckless and dangerous.”
The lawsuit comes the same week that severe flooding hit parts of New Jersey, leading to multiple water rescues and at least two deaths in Union County after a vehicle was swept away during heavy rainfall.
Joining New Jersey in the lawsuit are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, along with the governor of Pennsylvania.