ASHEVILLE, N.C. (828newsNOW) — Millions of dollars intended to help protect communities in Asheville and across Buncombe County from floods and severe storms remain stalled as a legal battle continues between North Carolina and the federal government.
Attorney General Jeff Jackson last week asked a federal court to enforce its December ruling ordering the Federal Emergency Management Agency to reinstate North Carolina’s participation in the Building Resilient Infrastructure and Communities, or BRIC, program.
The court previously ruled in the state’s favor, finding FEMA broke the law when it canceled more than $200 million in disaster prevention and infrastructure projects across North Carolina, including water, sewer and flood mitigation efforts that affect mountain communities.
“The court was clear when it ruled on this case in December,” Jackson said in a statement. “FEMA already broke the law once and lost in court. It cannot be allowed to continue evading the law. Towns and cities are waiting for the money they’re owed so they can be ready for the next storm.”
The BRIC program funds projects designed to reduce damage from natural disasters before they happen, including upgrades to stormwater systems, flood control measures and critical infrastructure improvements.
In Buncombe County, where heavy rain and flash flooding have repeatedly damaged roads, overwhelmed streams and strained aging infrastructure, local leaders have emphasized the importance of federal mitigation dollars. Asheville and surrounding communities have faced costly repairs following major storm events in recent years, particularly in low-lying and river-adjacent areas.
In its December order, the court directed FEMA to “promptly take all steps necessary to reverse the termination of the BRIC program.” According to Jackson’s office, FEMA has not restarted the program, funded projects already in development or opened applications for new projects.
As a result, time-sensitive infrastructure improvements remain on hold, despite local governments completing required planning and engineering steps, Jackson’s office said.
In the motion filed to enforce the court’s order, Jackson and attorneys general from more than 20 other states argue that FEMA is defying the court and Congress by failing to resume funding. They say FEMA representatives have not provided clear explanations for why projects remain frozen.
Jackson previously sued over the cancellation of the funding and announced in December that the state had won the case, restoring eligibility for the more than $200 million in mitigation funds.
For communities in Western North Carolina, including Asheville and Buncombe County, the outcome of the enforcement request could determine when — or whether — long-anticipated flood protection and infrastructure upgrades move forward.