This legal enforcement action involves Oregon Attorney General Dan Rayfield, leading a coalition of 20 states, securing a court victory against the Trump Administration's unlawful attempt to terminate the BRIC disaster preparedness program. The court ruled that the termination violates appropriations laws and the Administrative Procedures Act, requiring restoration of billions in funding to protect communities from natural disasters.
The court order enjoins FEMA from terminating the BRIC program and mandates the restoration of allocated funding to state, tribal, and local governments for disaster mitigation projects.
In-house legal teams should review all grant agreements, cooperative agreements, and sub-award contracts related to federal disaster mitigation funding, particularly those involving FEMA's BRIC program or similar initiatives. Key clauses to examine include termination provisions (to ensure they comply with appropriations laws and prohibit unlawful unilateral termination), funding appropriation references, requirements for cost-effectiveness certifications, and mechanisms for adherence to the Administrative Procedures Act. Teams should also verify clauses mandating compliance with congressional mandates for mitigation, preparation, response, and recovery functions. Changes may be needed to strengthen termination restrictions, explicitly reference appropriations law compliance, and incorporate APA procedural safeguards to prevent future unlawful funding cuts.
Entity
Federal Emergency Management Agency
Also known as: FEMA
Industry
OtherOfficial Press Release
https://www.doj.state.or.us/media-home/news-media-releases/ag-rayfield-secures-court-victory-preventing-trump-from-cutting-disaster-funding/
BRIC MSJ 1
https://www.doj.state.or.us/wp-content/uploads/2025/12/BRIC-MSJ-1.pdf
Oregon Attorney General Enforcement Page
https://www.doj.state.or.us/consumer-protection/
"Federal Emergency Management Agency"
"Appropriations and Spending Clauses"
"Administrative Procedures Act"
"FEMA’s decision to abruptly terminate the BRIC program is in direct violation of Congress’s decision to fund it"
The provided press release is a media release from the Oregon Department of Justice announcing a multistate press conference of attorneys general from Oregon, California, Washington, Nevada, and New York advocating for increased state resources to address antitrust enforcement gaps following reduced federal oversight. No privacy-related enforcement actions, violations, penalties, or remedies are described in the document.
Oregon Attorney General Dan Rayfield led a 24-state coalition in a lawsuit challenging the Trump Administration’s tariffs imposed under Section 122 of the Trade Act of 1974. The U.S. Court of International Trade granted summary judgment to the states, ruling the tariffs illegal as they did not meet the statutory requirement of “large and serious balance-of-payment deficits.” The court invalidated the 10 percent tariffs on most global products, barring their enforcement.
Consumer protection and civil rights lawsuit filed by Oregon AG and 20 other states against the U.S. Department of Agriculture over unlawful funding conditions that coerce states into complying with policies unrelated to nutrition programs. The conditions relate to immigration, DEI, and gender identity, and are alleged to violate the Spending Clause and Administrative Procedure Act. The suit seeks to block these conditions to protect billions in funding for programs like SNAP, WIC, and school lunches that serve vulnerable populations.
Health enforcement action: Attorney General Rayfield led a coalition of 22 states and D.C. to secure a federal court order blocking the Trump Administration from threatening to cut off Medicare and Medicaid funding to healthcare providers that offer gender-affirming care to youth with gender dysphoria. The court ruled the administration's actions unlawful, protecting access to care and upholding the right to make personal healthcare decisions.
Antitrust enforcement action where Oregon AG filed a lawsuit to block the $6.2 billion merger of Nexstar and Tegna, alleging it violates Clayton Act Section 7 by substantially lessening competition in broadcasting, which could harm local news and raise consumer prices.
Environmental enforcement action where Oregon Attorney General Dan Rayfield, along with a coalition of states and cities, filed a lawsuit challenging the EPA's unlawful rescission of the 2009 Endangerment Finding on greenhouse gas emissions. The challenge argues that the rescission ignores scientific evidence and legal precedent, threatening public health and environmental protections.