New Jersey, Delaware, Pennsylvania and more than a dozen other states are suing the Trump administration over its slashing of a grant program meant to help communities prepare for disasters such as flooding, storms and wildfires.
The program, called Building Resilient Infrastructure and Communities, would have funded dozens of projects in the Philadelphia region, according to the lawsuit filed Wednesday. These include projects to strengthen a dam in New Jersey, manage stormwater in Delaware and buy out flood-prone homes in Pennsylvania.
Losing the grant program will make Pennsylvania less disaster resilient, said Randy Padfield, the state’s director of emergency management.
“[It will] potentially expose residents across the state to more harm and potentially prolong their suffering, should they be impacted by a disaster,” Padfield said.
The Federal Emergency Management agency announced in April it was canceling the grant program, returning any money not yet spent to the Disaster Relief Fund or the U.S. Treasury.
“The BRIC program was yet another example of a wasteful and ineffective FEMA program,” the agency wrote in a press release at the time, which has since been removed from the website. “It was more concerned with political agendas than helping Americans affected by natural disasters.”
The Trump administration had said it wanted to eliminate FEMA, but is reportedly backing away from those plans.
The lawsuit filed by states Wednesday claims FEMA’s termination of the Building Resilient Infrastructure and Communities grant program was illegal, in part because it contradicts Congress’ statutory direction and violates “core separation of powers principles.”
The cancellation has forced communities across the country to “delay, scale back, or cancel” hundreds of projects that were depending on the funding, the lawsuit says.
FEMA did not respond to a request for comment.
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Delaware beach towns lose disaster resilience projects
Delaware was forced to cancel 11 projects totaling over $4 million of investment, more than $3 million of which the state expected the federal government to pay, according to officials with the state’s Emergency Management Agency. One project would have improved stormwater management in Lewes, helping stop floodwaters from inundating streets and properties.
The program’s cancellation also affects communities including Slaughter Beach, Ocean View, Fenwick Island, Millsboro, Seaford, Greenwood and South Bethany, officials said.
“The cancellation of the BRIC program is devastating for Delaware,” the lawsuit reads. “Many of the BRIC projects in Delaware cannot move forward without BRIC funding. As a result of the termination of the BRIC program, Delaware is facing an increased risk of lost lives, property damage, and public safety burdens.”
Pennsylvania projects that lost funding
Dozens of projects in Pennsylvania lost funding, lawsuit claims
More than 40 projects in Pennsylvania had been selected for funding through the grant program, but have now been terminated, according to the lawsuit. They would have brought a total of over $130 million in federal funding to the state.
The planned projects included acquisition and demolition of 21 properties in Scranton that have flooded repeatedly, flood control projects in York and Allegheny counties and flood resilience upgrades to a drinking water pumping station in Philadelphia, according to the lawsuit.
The grant program was also set to help the Philadelphia Water Department build new sewers to reduce the risk of flooding for 1,000 basements in the Northern Liberties, South Kensington and Ludlow neighborhoods. This project could still go forward without the federal grants, but ratepayers may bear the cost, Philadelphia Water Department spokesperson Brian Rademaekers said in April.
But other projects may not go forward in some suburban or rural parts of Pennsylvania, Padfield said.
“I think the loss of this funding is a deal breaker for a lot of other areas of the state,” he said. “They’re beneficial projects, but [communities] just are not going to have the funding, absent the federal funding.”
Grants were helping a fund dam project in New Jersey
Officials in New Jersey, where flooding killed two people last week, said in a statement that the cut grants could put lives at risk.
The state was using grant funds to strengthen a dam in Hunterdon County, protecting around 249,000 people, according to the lawsuit. Another grant was set to help floodproof infrastructure at a fire pump station that protects the Port Newark-Elizabeth Marine Terminal. Cancellation of the grant program puts these projects at risk, according to the lawsuit.
“The threats of climate change, as we have seen in devastating flooding across the country and in New Jersey as recently as this week, are very real and are only going to get worse,” said Shawn LaTourette, New Jersey’s environmental protection commissioner. “Funding from the BRIC program supports critical initiatives that enhance resilience and protect lives and property.”
“We stand united with our fellow states who appreciate the urgency of taking action on climate change and are resolved to fight for restoration of this critical federal program,” he added.
