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Attorney General Jeff Jackson Sues Over $200 Million in Cuts to Water, Sewer, and Flood Protections

Bipartisan State and Federal Leaders Call to Protect Critical North Carolina Disaster Funds

RALEIGH – Today, Attorney General Jeff Jackson sued the Federal Emergency Management Administration (FEMA) over its decision to cancel a program that provides over $200 million to protect North Carolina’s infrastructure, including water and sewer services that have been devastated by storms. His lawsuit follows a bipartisan letter led by North Carolina Representative Chuck Edwards and Senator Thom Tillis, urging FEMA To reinstate the funds.

“This program, which the President helped establish and strengthen, was a lifeline for our towns and cities trying to make sure every resident has clean and reliable water to drink, a functioning sewage system, and measures in place to prevent the next storm from devastating their communities,” said Attorney General Jeff Jackson. “In North Carolina, we know what it takes to rebuild from a disaster. This money helps us better prepare for future storms. FEMA was wrong to break the law and cancel this money, which will save lives. I’m taking it to court to win these funds back for our state.”

“The people of North Carolina are all too familiar with the consequences of extreme weather, and as leaders we must do everything in our power to protect them from future disasters,” said Governor Josh Stein. “Building more resilient infrastructure helps to mitigate damage and save lives and money. I support Attorney General Jackson in taking this action and call on FEMA to reinstate the BRIC program to keep North Carolina safe and strong.”

“The loss of BRIC funding is deeply concerning for North Carolina,” said North Carolina Department of Public Safety Secretary Eddie M. Buffaloe, Jr. “These federal dollars have played a critical role in helping our state build stronger, more resilient infrastructure in the face of increasingly severe weather events. Without this support, communities across North Carolina—especially those that are historically underserved or vulnerable—will face greater risk from hurricanes, floods, and other disasters. Investing in resilience saves lives, protects property, and reduces long-term recovery costs.”

FEMA initially created a small disaster mitigation program in 1997. During his first term, President Trump substantially expanded it and formally created the Building Resilient Infrastructure and Communities (BRIC) program that provided more funds for disaster preparation projects. That includes projects like constructing evacuation shelters and flood walls, safeguarding utility grids against wildfires, protecting wastewater and drinking water infrastructure, and fortifying bridges, roadways, and culverts.

In April, the program was abruptly cancelled, forcing communities across the country to delay, scale back, or cancel hundreds of multi-million-dollar projects that have been in development for years. A recent study concluded that every dollar FEMA spends on mitigation saves an average of six dollars in post-disaster costs.

In their letter, Sen. Tillis and Rep. Edwards warn that, “…forgoing these critical investments will only make it harder and more expensive for communities to recover from the next storm.”

Attorney General Jackson’s lawsuit alleges that FEMA’s decision violates the U.S. Constitution and other federal laws. He is asking the court for a preliminary injunction to prevent FEMA from spending BRIC funds in other ways and a permanent injunction to restore the BRIC program and the funds promised to the state.

Some of the cancelled grants in North Carolina include:

Attorney General Jackson is joined in filing this lawsuit by the Attorneys General of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, Wisconsin and the governor of the Commonwealth of Pennsylvania.

A copy of the complaint is available here.

A list of projects in North Carolina that were set to receive BRIC funding can be found here.

A declaration from North Carolina Emergency Management is available here.

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