NC attorney general sues FEMA for cutting $200 million in stormwater protections

RALEIGH, N.C. (WNCN) — North Carolina Attorney General Jeff Jackson filed a lawsuit against the Federal Emergency Management Administration Wednesday after a program that helps protect the state’s infrastructure was canceled, his office said.

According to the attorney general’s office, FEMA’s Building Resilient Infrastructure and Communities program provided funds for disaster preparation projects until it was canceled in April. At the time it was shut down, the program was providing more than $200 million to protect North Carolina’s infrastructure, including water and sewer services.

The attorney general’s office said one of the canceled BRIC grants would have provided $7 million to Hillsborough to relocate its pump station out of a flood plain, expand its water and sewer capacity, and maintain emergency water connections with Jordan Lake and other water reservoirs.

As noted by the attorney general’s office, Hillsborough’s pump station was temporarily shut down last week after flooding caused by Tropical Depression Chantal, preventing the town from being able to treat wastewater.

According to the attorney general’s office, other canceled grants include:

• $22.5 million to Salisbury that would have allowed it to relocate its pump station along the Yadkin River to higher ground to help protect it from flooding
• $5.9 million to Gastonia that would have restored the banks of Duharts Creek and relocated sewer lines to help prevent floodwater damage
• More than $4 million to Mount Pleasant that would have improved stormwater drainage and secured electrical wires intended to reduce the risk of losing electric and telecommunication services during storms
• $1.1 million to Leland that would have relocated its sewer system away from Sturgeon Creek to help protect it from flooding

The lawsuit alleges the cancelation of the BRIC program violates the U.S. Constitution and other federal laws, according to the attorney general’s office.

According to his office, Jackson is seeking a preliminary injunction to prevent FEMA from spending the BRIC funds towards other expenses. He is also seeking a permanent injunction to restore the program and the funds previously granted to North Carolina.

“This program, which President [Donald Trump] 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,” Jackson said in a statement.

“In North Carolina, we know what it takes to rebuild from a disaster,” Jackson continued in his statement. “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.”

Gov. Josh Stein said in a statement, “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.”

Said North Carolina Department of Public Safety Secretary Eddie M. Buffaloe Jr. in a statement, “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,” he said in his statement.

Joining Jackson in the lawsuit, according to his office, are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, and the governor of Pennsylvania.

The full lawsuit can be viewed below.

In May, North Carolina Sen. Thom Tillis and Rep. Chuck Edwards—both Republicans—led a bipartisan letter seeking to restore the BRIC program.