by Frankfort, KY — A federal judge has ruled that the Trump administration cannot withhold Federal Emergency Management Agency disaster-preparedness grants, restoring millions of dollars meant to help states strengthen protections against floods, storms, and other natural disasters, including $21 million allocated to Kentucky.
Judge Rules FEMA Grant Withholding Was Unlawful
The ruling came after 22 states and the District of Columbia sued to protect FEMA’s Building Resilient Infrastructure and Communities (BRIC) program. U.S. District Judge Richard G. Stearns of Massachusetts sided with the states, writing that shutting down the program amounted to an “unlawful Executive encroachment on the prerogative of Congress to appropriate funds for a specific and compelling purpose.”
The BRIC program, which began during the first Trump administration, was designed to help states invest in disaster-mitigation projects before emergencies strike.
Kentucky Among States Impacted
Kentucky Governor Andy Beshear welcomed the decision, emphasizing how critical the funding is for a state frequently hit by severe flooding and weather disasters.
“In Kentucky, we’ve faced more than our share of natural disasters and this FEMA funding is essential to our rebuilding efforts across the state, including our high-ground communities in Eastern Kentucky,” Beshear said. He added, “Ending this program is more than just short-sighted, it’s just plain wrong. I am glad the judge agreed and ruled that Kentucky’s $21 million was unlawfully withheld.”
According to the governor’s office, Kentucky was approved for 13 projects under BRIC before the funds were pulled.
What the BRIC Funding Supports
The withheld funds were intended to pay for a range of public-safety and resilience measures, including:
- Flood-control infrastructure in Eastern Kentucky
- Emergency generators for critical facilities
- Warning sirens and early-alert systems
- Planning and management costs
- $10.5 million to study long-term flood protection options for Frankfort, following its second-highest flooding event on record in April
FEMA had initially awarded the money, including $3 million for management costs, before reversing course.
FEMA’s Decision and State Lawsuit
In April, FEMA announced it was canceling the BRIC program, calling it a “wasteful, politicized grant program” and stating it was “canceling all BRIC applications from Fiscal Years 2020–2023.”
States argued that FEMA had already selected nearly 2,000 projects nationwide, totaling approximately $4.5 billion, and stressed that “the BRIC program is critically important nationwide.”
The judge agreed, stating that the executive branch does not have the authority to cancel congressionally approved funding after it has been awarded.
Why This Matters for Kentucky
Kentucky has suffered repeated flooding in recent years, including a 2022 disaster in southeastern Kentucky that killed 45 people and destroyed or damaged thousands of homes. In response, Beshear launched a “higher ground” initiative, focused on rebuilding homes above flood plains, often on land reclaimed from former surface coal mines.
State officials say BRIC funding plays a key role in making those long-term resilience plans possible.
Conclusion
The federal court ruling ensures that FEMA disaster-mitigation funds approved by Congress cannot be withdrawn at will, restoring vital resources for Kentucky and other states preparing for future disasters. For communities still recovering from deadly floods, the decision brings renewed hope for stronger protections and safer rebuilding.
Tell Us What You Think
Do you believe disaster-preparedness funding like FEMA’s BRIC program should be protected from political changes? Share your thoughts and local experiences in the comments below.
