In a significant judicial decision, the federal court has mandated the Federal Emergency Management Agency (FEMA) to restore $200 million in climate resiliency grants previously designated for North Carolina. This funding, part of the Building Resilient Infrastructure and Communities (BRIC) program, is essential for bolstering infrastructure in regions susceptible to natural calamities.
The Attorney General of North Carolina, Jeff Jackson, expressed the importance of the ruling in a press release, stating, “Our towns spent years doing everything FEMA asked them to do to qualify for this funding, and they were in the middle of building real protections against storms when FEMA suddenly broke its word. 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.”
Earlier this year, in April, FEMA made a sudden decision to terminate the BRIC program. This unexpected move left numerous projects, such as sewer enhancements, riverbank maintenance, and wastewater initiatives in North Carolina, in jeopardy. Consequently, North Carolina, alongside 19 other states, initiated legal action against the agency in July.
The court’s recent decision favored the states, declaring that FEMA’s cessation of the BRIC program was “unlawful.” Furthermore, the reallocation or withholding of funds already assigned to projects was also deemed a legal violation.
According to the court’s summary judgment, “This is a case about unlawful Executive encroachment on the prerogative of Congress to appropriate funds for a specific and compelling purpose, and no more than that.”
Among the reinstated grants for North Carolina are several pivotal projects, including:
- A $22.5 million initiative to relocate a sewage station from the floodplain in Salisbury
- A $5.9 million riverbank restoration project in Gastonia
- A $5.4 million grant for flood protection measures in Hickory
- A $7.6 million Resilient Wastewater Treatment Infrastructure project in Forest City
- A $1.1 million project to relocate a sewer system in Leland
- A $200,000 watershed vulnerability assessment in Buncombe County
For a complete list of the projects, see the detailed project list.
This case is not an isolated legal challenge for Attorney General Jackson against FEMA. In November, North Carolina joined 11 other states in a lawsuit against the agency, accusing it of withholding $17.5 million in emergency preparedness grants due to “unlawful terms.”
The North Carolina Department of Justice is also pursuing legal action against the Environmental Protection Agency concerning $150 million in disputed solar energy funding.
