NC Attorney General Sues FEMA: Critical Funding for Disaster Preparedness at Risk

WNC --  Western North Carolina communities, already on the front lines of increasingly severe weather, are facing a new challenge: the abrupt cancellation of critical federal funding designed to protect them from future disasters.

North Carolina Attorney General Jeff Jackson has filed a lawsuit against the Federal Emergency Management Agency (FEMA) over its decision to cut over $200 million in expected funds from the Building Resilient Infrastructure and Communities (BRIC) program.

This move, he argues, could leave towns and counties across the state, particularly in our vulnerable mountain region, dangerously ill-prepared for the next storm.

The Lawsuit: A Fight for North Carolina's Future Safety
Attorney General Jackson's lawsuit challenges FEMA's unexpected decision in April to cancel the BRIC program. The BRIC program, initially a small disaster mitigation initiative created by FEMA in 1997, was substantially expanded and formally established during President Trump's first term. It became a vital source of pre-disaster mitigation funding, providing greater resources for 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.

This program was designed to help communities proactively strengthen their infrastructure against natural hazards. FEMA's abrupt cancellation means that hundreds of multi-million-dollar projects across the nation, many years in the making, are now delayed, scaled back, or entirely scrapped. North Carolina alone stands to lose over $200 million. A recent study concluded that every dollar FEMA spends on mitigation saves an average of six dollars in post-disaster costs, highlighting the economic prudence of such investments.

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. He is joined in this critical legal action 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.

"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.”

Governor Josh Stein added his strong support: “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. 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.”

Echoing these concerns, North Carolina Department of Public Safety Secretary Eddie M. Buffaloe, Jr. stated: “The loss of BRIC funding is deeply concerning for North Carolina. 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.”

The Local Impact: Western North Carolina Counties on the Brink

While the full list of impacted projects in Western North Carolina isn't publicly detailed in the lawsuit, the implications for our mountain counties are particularly severe. WNC's rugged terrain, numerous rivers, and susceptibility to heavy rainfall make it highly vulnerable to flash floods, riverine flooding, and landslides. Past events, such as the catastrophic flooding from Tropical Storm Fred in 2021 and Hurricane Helene, serve as stark reminders of the region's exposure. Many of our counties, including Ashe, Avery, Buncombe, Graham, Haywood, Jackson, Madison, Mitchell, Transylvania, Watauga, and Yancey, have declared disaster areas and would have been prime candidates for BRIC funding.

Here's how the BRIC cuts directly affect communities across WNC:

Increased Flood Risk and Damage: Counties like Buncombe (Asheville), Haywood (Waynesville), Macon (Franklin), Jackson (Sylva), Swain (Bryson City), and Transylvania (Brevard) are highly susceptible to flooding. BRIC funds were earmarked for essential projects such as stream and river restoration, improving stormwater drainage, elevating or acquiring flood-prone properties, and constructing protective barriers. Without these investments, these communities face a heightened risk of property destruction, displacement, and potential loss of life with each significant rain event.

Vulnerable Water and Sewer Infrastructure: Many WNC counties rely on aging water and sewer systems, often located near waterways or in low-lying areas. Projects like relocating pump stations out of floodplains and hardening treatment facilities were crucial for ensuring residents have access to clean water and functional sewage services during and after disasters. The absence of these funds means these vital systems remain at greater risk of failure, leading to public health concerns and costly emergency repairs. A direct example of a WNC community losing out is Forest City in Rutherford County, which had a $2.5 million project for vital sewer line improvements now in jeopardy. Similarly, Burke County had a significant project planned for its Indian Hills Pump Station.

Delayed or Canceled Critical Projects: Local governments across WNC had invested considerable time and resources into developing applications and planning for BRIC-funded projects. The sudden cancellation leaves these efforts in limbo. These are just a few examples of the kind of resilience-building work now jeopardized.

Greater Local Financial Burden: When federal mitigation funds vanish, the financial responsibility for protecting communities often falls to local taxpayers. This can strain already tight county and municipal budgets, potentially leading to increased local taxes, cuts to other essential services, or simply leaving communities less prepared due to insufficient funds to undertake necessary improvements.

Setback for Long-Term Preparedness: The BRIC program emphasized proactive mitigation, understanding that investing in resilience before a disaster strikes saves lives, protects property, and significantly reduces long-term recovery costs. The loss of these funds is a major setback for WNC's ability to implement comprehensive hazard mitigation plans, develop early warning systems, and educate residents on disaster preparedness. This ultimately makes future recovery efforts more arduous and expensive.

For residents in Western North Carolina, the Attorney General's lawsuit is more than a legal battle; it's a fight for the safety and stability of their homes and communities. Being informed about this situation is crucial, as the outcome will directly impact the region's ability to withstand and recover from the inevitable challenges posed by an increasingly unpredictable climate. The proactive measures that BRIC funded were not luxuries, but necessities for the long-term well-being of Western North Carolina.