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Enforcement ActionCritical RiskMultistate

Oregon AG Coalition Restores FEMA BRIC Disaster Funding via Court Order

Federal Emergency Management AgencyDecember 11, 2025Oregon Attorney General

Summary

This legal enforcement action involves Oregon Attorney General Dan Rayfield, leading a coalition of 20 states, securing a court victory against the Trump Administration's unlawful attempt to terminate the BRIC disaster preparedness program. The court ruled that the termination violates appropriations laws and the Administrative Procedures Act, requiring restoration of billions in funding to protect communities from natural disasters.

Remedy

The court order enjoins FEMA from terminating the BRIC program and mandates the restoration of allocated funding to state, tribal, and local governments for disaster mitigation projects.

Injunction

Contract Impact

In-house legal teams should review all grant agreements, cooperative agreements, and sub-award contracts related to federal disaster mitigation funding, particularly those involving FEMA's BRIC program or similar initiatives. Key clauses to examine include termination provisions (to ensure they comply with appropriations laws and prohibit unlawful unilateral termination), funding appropriation references, requirements for cost-effectiveness certifications, and mechanisms for adherence to the Administrative Procedures Act. Teams should also verify clauses mandating compliance with congressional mandates for mitigation, preparation, response, and recovery functions. Changes may be needed to strengthen termination restrictions, explicitly reference appropriations law compliance, and incorporate APA procedural safeguards to prevent future unlawful funding cuts.

Contract Search Terms

grant agreement termination clausefederal appropriations complianceprogram continuation requirementsmitigation funding clausesFEMA cooperative agreement termscost-effectiveness certificationdisaster preparedness grant termsunilateral termination prohibitionAdministrative Procedures Act complianceCongressional funding mandate

Laws Cited

Appropriations and Spending ClausesAdministrative Procedures Act

Violation Types

Entity Details

Entity

Federal Emergency Management Agency

Also known as: FEMA

Industry

Other

Multistate Coalition

ArizonaCaliforniaColoradoConnecticutDelawareDistrict of ColumbiaIllinoisMaineMarylandMassachusettsMichiganMinnesotaNew JerseyNew MexicoNew YorkNorth CarolinaRhode IslandVermontWashingtonWisconsinKentuckyPennsylvania

Official Sources

Source Evidence

Entity Name
"Federal Emergency Management Agency"
Laws Cited
"Appropriations and Spending Clauses"
Laws Cited
"Administrative Procedures Act"
Violation Types
"FEMA’s decision to abruptly terminate the BRIC program is in direct violation of Congress’s decision to fund it"

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