Source: Washington Department of Transportation
BELLINGHAM, Wash. — A federal court has ordered FEMA to take concrete steps to restore billions of dollars in disaster mitigation funding through the Building Resilient Infrastructure and Communities program after a lawsuit led by Washington Attorney General Nick Brown.
In Washington, about two dozen BRIC projects totaling more than $150 million have remained in limbo because of the federal government’s actions.
Separately, FEMA has released nearly $4 million through its Hazard Mitigation Grant Program to elevate 16 properties in Sumas, Ferndale and Everson following the devastating November 2021 floods.
Court Order Targets BRIC Disaster Mitigation Funding
Brown and a multistate coalition sued FEMA on July 16, 2025, to stop the agency from terminating the BRIC program.
On Dec. 11, the coalition won. The court ruled FEMA had unlawfully terminated the congressionally mandated program and ordered the agency to reverse that action.
However, Brown’s office said FEMA had given no indication it had complied. As a result, the coalition returned to court and asked the judge to enforce the earlier ruling.
The court then sided with the coalition again.
“The judge’s order in this case was unequivocal: FEMA must restore the BRIC program,” Brown said. “Communities across Washington are counting on these dollars for vital disaster mitigation projects.”
Court Requires FEMA To Take Steps To Restore BRIC
The new order requires FEMA to make pre-disaster mitigation funds available as required by statute.
The agency must also tell states the status of current BRIC projects.
In addition, FEMA must file status reports with the court outlining actions taken or planned to comply.
The order also requires FEMA to issue a fiscal year 2024 Notice of Funding Opportunity for BRIC within 21 days.
Over the past four years, FEMA selected nearly 2,000 projects nationwide for roughly $4.5 billion in BRIC funding.
Separate HMGP Funds Released For Whatcom County Homes
Meanwhile, Rep. Rick Larsen announced FEMA released Hazard Mitigation Grant Program funds for Whatcom County.
The grants total almost $4 million and will elevate 16 properties in Sumas, Ferndale and Everson.
Those funds were originally requested in 2022 and tie back to the November 2021 floods.
“I am glad the Federal Emergency Management Agency released funds to protect Whatcom County homes from future devastating floods,” Larsen said. “This support is long overdue to communities impacted by the devastating floods in November 2021.”
Larsen Pushes Federal Flood Recovery and FEMA Reform
Rick Larsen is the top Democrat on the House Transportation and Infrastructure Committee, which oversees FEMA.
After the catastrophic November 2021 flooding damaged infrastructure and more than 2,000 homes in northwest Washington, Larsen joined the state’s congressional delegation in urging federal disaster assistance for the region.
He later raised concerns about FEMA’s disaster response during congressional hearings on the agency’s preparedness and recovery programs.
Larsen is also sponsoring bipartisan legislation aimed at reforming FEMA. His proposal, the Fixing Emergency Management for Americans Act of 2025, would streamline federal disaster response programs and restore FEMA’s status as a cabinet-level agency.
The Transportation and Infrastructure Committee approved the bill in September 2025.
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