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Washington officials report court wins; BRIC reinstated but awards still pending
Summary
EMD staff and state lawyers briefed the EMC on multi-state litigation that blocked DHS grant conditions and vacated FEMA reallocations. A BRIC NOFO was reissued with $1 billion and a deadline of 07/23/2026, though previously selected projects have not yet received resumed awards.
Benjamin updated the council on two multi-state cases led from Illinois that affected FEMA grant terms and allocations. "This was a case that challenged new grant conditions that DHS announced," he said, describing litigation that prevented DHS from imposing immigration-enforcement grant conditions and that later vacated FEMA reallocation decisions which would have reduced funds for states like Washington.
Jennifer Chung briefed members on Washington v. FEMA and the status of BRIC: a court ordered BRIC reinstated in December 2025 and, after enforcement filings, FEMA resumed communications and issued a combined FY24–25 NOFO that made an additional $1,000,000,000 available. She noted, however, that FEMA has not yet resumed issuing awards for previously selected state projects; the BRIC NOFO deadline is 07/23/2026. The council thanked EMD staff for support during the lawsuits.
