Earlier this week, U.S. District Judge Richard G. Stearns in Boston blocked the Trump administration from redirecting billions of dollars intended for disaster preparedness work nationwide, including $182 million for 27 projects in Washington state, as part of a lawsuit brought by 20 states.
The cancellation of the Federal Emergency Management Agency’s (FEMA) Building Resilient Infrastructure and Communities (BRIC) program in early April sounded a death knell for the nearly $100 million in funding for major levee projects in Hoquiam and Aberdeen, respectively. The granting of the preliminary injunction and rustling in the tea leaves seem to indicate that these projects may yet receive the critical funding they require.
On July 16, Washington State Attorney General Nick Brown, along with 19 other attorneys general, sought the preliminary injunction to prevent the Trump administration from spending BRIC funds for other purposes and are trying to reverse the termination of the BRIC program and require the restoration of these critical funds to the communities relying on them.
The Hoquiam and Aberdeen section of the complaint reads:
“Located on Washington’s rural western coastline, Aberdeen and Hoquiam’s working-class communities have experienced decades of severe flooding caused by intense rainfall and coastal surges. As a direct response to these recurring disasters, Washington applied for BRIC funding to construct concrete floodwalls, miles of earthen levees, and raised roadways that would protect these communities from further damage. Once completed, these levees would protect 1,354 businesses, 5,100 properties, and more than 3,000 jobs located in the designated flood zone. They would also reduce construction and insurance costs, leaving more than $5 million per year in residents’ pockets, and promote economic development and future investments.”
According to Hoquiam City Administrator Brian Shay, the preliminary injunction is a positive step in the effort to secure funding for the levee projects.
“Over the last several weeks there has been a lot of positive momentum and signs that our FEMA BRIC grants will be restored giving Hoquiam and Aberdeen nearly $100 million in competitively awarded federal funding for our flood levee projects. This ruling, the lawsuit filed on behalf of the Washington Attorney General with 19 other states and the bipartisan Fixing Emergency Management for Americans (FEMA) Act (H.R.4669) introduced by House Transportation and Infrastructure Committee Chair Sam Graves (R-Mo.) and Ranking Member Rick Larsen (D-Wash.) all point towards a commitment by Congress and the states to award disaster mitigation funding that will provide resiliency and community revitalization in our community and across the nation,” Shay said via email. “Recently the (Trump) administration released more than $5 billion in education department grants after some lawsuits and congressional activism. Our project/funding issue is on a similar track and we are hopeful to have a similar result.”
Aberdeen City Administrator Ruth Clemens echoed Shay’s positive sentiments.
“This ruling is a major victory for not only Aberdeen and Hoquiam, but communities across the country that are working hard to build resilience before disaster strikes. It affirms the core principle that these funds are to be used as they are intended — to protect lives, strengthen infrastructure and prepare for the future,” Clemens said via email. “Our cities needed a decision like this. We need this funding to be restored in order to safeguard Aberdeen and Hoquiam families, homes and economies.”
The acting director of FEMA, David Richardson, said in an affidavit that the administration is continuing to evaluate the BRIC grant program and that FEMA has not ended the program, despite all evidence to the contrary released on or about April 4.
Richardson contends that no BRIC money has been transferred or reprogrammed for other purposes and FEMA and the Department of Homeland Security “continue to evaluate whether to end the BRIC program or revise it in a manner to achieve its original purpose.”
According to FEMA’s BRIC grant webpage, “The Building Resilient Infrastructure and Communities (BRIC) program supports states, local and territorial governments and Tribal Nations as they work to reduce their hazard risk. The program aims to support communities as they build capability and capacity. BRIC also encourages and aids innovation. It helps partnerships grow; supports infrastructure projects; and fosters flexibility and consistency.”
A press release issued by Brown’s office when the lawsuit was filed said, “For the past 30 years, the BRIC program has provided communities across the nation with resources to proactively fortify against natural disasters. By focusing on preparation, the program has protected property, saved money that would have otherwise been spent on post-disaster costs, reduced injuries and saved lives.”
Without the protection the proposed levees would provide, residents and businesses in the floodplain along the Wishkah, Hoquiam and Chehalis rivers are forced to pay high flood insurance rates and are subject to FEMA’s 50% rule, which can make repairs or renovations cost prohibitive.
Joining Washington state in this lawsuit are attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Wisconsin, and the governor of the Commonwealth of Pennsylvania.
