Attorney General Jeff Jackson Wins $200 Million FEMA Lawsuit

AG Jackson: "This ruling puts the money back where it was promised so these communities can be ready for the next storm."

FOR IMMEDIATE RELEASE
Thursday, December 11, 2025
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RALEIGH - Attorney General Jeff Jackson announced today that North Carolina has won its lawsuit against FEMA after a federal court ordered the agency to reinstate the BRIC disaster mitigation program. Jackson had sued in July to get the money back after FEMA abruptly canceled the program earlier this year, stripping away roughly $200 million from more than 60 infrastructure projects across North Carolina.

In its ruling, the court wrote that "the BRIC program is designed to protect against natural disasters and save lives" and that "the imminence of disasters is not deterred by bureaucratic obstruction." The order concluded that FEMA's action represented "unlawful Executive encroachment on the prerogative of Congress to appropriate funds for a specific and compelling purpose."

"We won this case because FEMA tried to take back $200 million that it had already designated for North Carolina," said Attorney General Jeff Jackson. "Our towns spent years doing everything FEMA asked them to do to qualify for this funding, and they were in the middle of building real protections against storms when FEMA suddenly broke its word. Keeping water systems working and keeping homes out of floodwater isn't politics - it's basic safety. This ruling puts the money back where it was promised so these communities can be ready for the next storm."

"North Carolina unfortunately is no stranger to natural disasters, and building better infrastructure saves lives," said Governor Stein. "I thank Attorney General Jackson for taking action to preserve our $200 million to protect our water and sewer systems, bridges, and more from floods and wildfires."

"Today's ruling is welcome news for North Carolina," said Eddie M. Buffaloe, Jr., Secretary of the North Carolina Department of Public Safety. "These resilience dollars are essential for helping communities strengthen water systems, reduce flooding risks, and better withstand severe weather. Restoring this funding means our state can move forward with projects that protect lives, property, and the long-term stability of our communities."

Some of the BRIC projects in North Carolina include:

• Salisbury was awarded $22.5 million to relocate its sewage station along the Yadkin River to higher ground so it can be safely accessed during storms to maintain a drinking water supply. The existing pump station increasingly gets flooded and can be surrounded by water for days at a time after a storm. The city had invested $3 million in local funds for this project before it was cancelled. (See: FEMA leaves NC flood-resiliency programs high and dry, Blue Ridge Public Radio)
• Hillsborough was awarded nearly $7 million to relocate its pump station out of a flood plain, expand its water and sewer capacity, maintain emergency water connections with Jordan Lake and other water reservoirs. (See: FEMA funding cut leaves Orange County with $30 million cost for repairs after Chantal, WRAL)
  • The river pump station was taken offline last week due to Tropical Storm Chantal and prevented the town from being able to effectively treat their wastewater. (See: Hillsborough officials work to get water system fully back online; residents asked to conserve water, CBS 17)
• Gastonia was awarded $5.9 million to restore the banks of Duharts Creek and relocate sewer lines to prevent floodwater damage. (See: Gastonia restoration efforts on pause due to federal funding freeze, Gaston Gazette
• Mount Pleasant was selected to receive more than $4 million to improve stormwater drainage and secure electrical wires to greatly reduce the risk of losing electric and telecommunications services during storms and floods. (See: Loss of FEMA program spells disaster for hundreds of communities and their projects, AP News)
• Leland was selected to receive $1.1 million to relocate the town's sewer system away from Sturgeon Creek, which often floods after storms and natural disasters. (See: FEMA cancels resiliency grant program, leaving NC counties, towns at risk, Star News)

A copy of the court's order is available here.

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