Case: State of Washington v. Federal Emergency Management Agency

1:25-cv-12006 | U.S. District Court for the District of Massachusetts

Filed Date: July 16, 2025

Case Ongoing

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Case Summary

This case challenged the Trump Administration's purported termination of the Building Resilient Infrastructure and Communities (BRIC) program, a comprehensive pre-disaster mitigation initiative administered by the Federal Emergency Management Agency (FEMA) that provided technical and financial assistance to states and local governments for cost-effective, pre-disaster hazard mitigation measures.   On July 16, 2025, several states filed this lawsuit in the U.S. District Court for the District of…

This case challenged the Trump Administration's purported termination of the Building Resilient Infrastructure and Communities (BRIC) program, a comprehensive pre-disaster mitigation initiative administered by the Federal Emergency Management Agency (FEMA) that provided technical and financial assistance to states and local governments for cost-effective, pre-disaster hazard mitigation measures.  

On July 16, 2025, several states filed this lawsuit in the U.S. District Court for the District of Massachusetts against FEMA and its Senior Official; the U.S. Department of Homeland Security (DHS) and its Secretary; and the United States of America. They alleged that defendants' actions violated the separation of powers, the Administrative Procedure Act (APA), the Appropriations Clause, the Spending Clause, the Appointments Clause, and were ultra vires. In particular, the plaintiff states argued that BRIC's purported termination was unlawful for three reasons. First, that it was contrary to Congress' express commands to prioritize and fund disaster mitigation; second, that defendants unconstitutionally intruded on the congressional power of the purse; and finally, that FEMA's successive heads were not lawfully appointed to lead FEMA and thus acted beyond any legal authority in purporting to terminate the program. Plaintiffs sought declaratory and injunctive relief, including vacatur of the purported termination of BRIC, and attorneys' fees. The case was assigned to Judge Richard Gaylore Stearns. 

Also on July 16, 2025, plaintiffs filed a motion for a preliminary injunction. The court held a hearing on the motion on July 31, 2025, and on August 5, 2025 it granted the motion and preliminarily enjoined defendants from spending the funds allocated to BRIC for non-BRIC purposes until the court rendered a final judgment on the merits. 2025 WL 2229394. It reasoned that despite defendants' equivocation about whether they had, in fact, ended BRIC, the states had provided evidence of steps taken by FEMA to terminate the program, including cancelling new funding opportunities and reallocating funds, that "portend[ed] the conclusion that a determination has in fact been made and that FEMA is inching towards a fait accompli."  Therefore, and because the claimed harm was likely imminent, plaintiffs' claims were ripe for review and the plaintiff states had standing to bring them. The court rejected defendants' assertion of sovereign immunity, reasoning that the states' claims were premised on FEMA acting absent discretion and thus fell outside the scope of immunity.  Ultimately, in granting preliminary relief, the court concluded that it was not convinced that Congress had vested in FEMA the power to reallocate funds away from BRIC and that the funds, if spent on other purposes during the pendency of the lawsuit, would be lost forever, causing hardship. 

On August 29, plaintiffs filed an amended complaint, adding as plaintiffs the District of Columbia, the Commonwealth of Kentucky and the state of New Mexico.  

The government moved to stay the briefing schedule at the onset of the October government shutdown. The court denied the stay on October 14, citing the risks inherent to delaying this case, as pre-disaster mitigation plans could be affected. 

The next day, the plaintiffs moved for summary judgment; the government opposed and filed its own summary judgment motion on November 5. The plaintiffs claimed that terminating BRIC was unlawful under §§ 706(2)(A)-(C) of the APA, violates the separation of powers, and violates the Appropriations and Spending Clauses because it contravenes Congressional mandates in three ways. On December 11, 2025, the district court agreed with the plaintiffs.  It found: 

  • The Government lacked discretion to terminate the BRIC program because mitigation is one of FEMA’s core responsibilities, and Congress has explicitly prohibited the agency from “substantially or significantly reduc[ing] . . . the authorities, responsibilities, or functions of the Agency or the capability of the Agency to perform those missions, authorities, responsibilities, except as otherwise specifically provided in an Act enacted after October 4, 2006.”  
  • The Government lacked discretion to terminate the BRIC program because one of the planned steps in the termination is to channel funds previously set aside for the BRIC program to
    post-disaster relief grant programs, in violation of the Further Consolidated Appropriations Act 2024, which provides that “no funds shall be reprogrammed within . . . appropriations . . . to increase or  decrease funding for grant programs.”
  • Termination of the BRIC program caused FEMA to withhold funds appropriated for
    BRIC grants, in violation of the Stafford Act, which requires FEMA to provide each State with a certain minimum amount of mitigation funding for each fiscal year, and the Bipartisan Infrastructure Law, which further requires FEMA to make $200 million available for each fiscal year between 2022 and 2026. 

The Court entered summary judgment in favor of the state, and a permanent injunction reversing the BRIC termination.  2025 WL 3551751

Summary Authors

Matt Petrillo (7/22/2025)

Calvin OConnell (9/22/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70807946/parties/state-of-washington-v-federal-emergency-management-agency/


Judge(s)
Attorney for Plaintiff

Boyer, Jacob (Massachusetts)

Brewer, Robert Newman (Massachusetts)

Cahn, Amy Laura (Massachusetts)

Chung, Jennifer K. (Massachusetts)

Faherty, Colleen K. (Massachusetts)

Attorney for Defendant
Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

1:25-cv-12006

Complaint

July 16, 2025

July 16, 2025

Complaint
79

1:25-cv-12006

Memorandum and Order on Plaintiffs' Motion for a Preliminary Injunction

Aug. 5, 2025

Aug. 5, 2025

Order/Opinion

2025 WL 2229394

85

1:25-cv-12006

First Amended Complaint

Aug. 29, 2025

Aug. 29, 2025

Complaint
98

1:25-cv-12006

Defendants' Motion to Stay Summary Judgment Briefing Due to Lapse in Appropriations

Oct. 10, 2025

Oct. 10, 2025

Pleading / Motion / Brief
101

1:25-cv-12006

Plaintiffs' Motion for Summary Judgment

Oct. 15, 2025

Oct. 15, 2025

Pleading / Motion / Brief
129

1:25-cv-12006

Memorandum and Order On Cross-Motions for Summary Judgment

State of Washington et al. v. Federal Emergency Management Agency et al.

Dec. 11, 2025

Dec. 11, 2025

Order/Opinion

2025 WL 3551751

130

1:25-cv-12006

Summary Judgment Order

State of Washington et al. v. Federal Emergency Management Agency et al.

Dec. 11, 2025

Dec. 11, 2025

Order/Opinion
131

1:25-cv-12006

Judgment

State of Washington et al. v. Federal Emergency Management Agency et al.

Dec. 11, 2025

Dec. 11, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70807946/state-of-washington-v-federal-emergency-management-agency/

Last updated Jan. 7, 2026, 1:28 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Fee Status: Local Government), filed by Commonwealth of Massachusetts, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Attachments: # 1 Civil Cover Sheet Civil Action Cover Sheet, # 2 Category Form Category Form)(Vail, Hannah) (Entered: 07/16/2025)

1 Civil Cover Sheet Civil Action Cover Sheet

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2 Category Form Category Form

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July 16, 2025

July 16, 2025

Clearinghouse
2

NOTICE of Appearance by Hannah C. Vail on behalf of Commonwealth of Massachusetts (Vail, Hannah) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

3

MOTION for Leave to File Excess Pages in Plaintiff States' Forthcoming Memorandum of Law in Support of their Motion for a Preliminary Injunction by Commonwealth of Massachusetts, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin.(Vail, Hannah) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

4

ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Paul G. Levenson. (SEC) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

5

MOTION for Preliminary Injunction by Commonwealth of Massachusetts, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Attachments: # 1 Text of Proposed Order)(Vail, Hannah) (Entered: 07/16/2025)

1 Text of Proposed Order

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July 16, 2025

July 16, 2025

RECAP
6

Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (JKK) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

7

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 3 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (JAM) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

8

MEMORANDUM in Support re 5 MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Vail, Hannah) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

RECAP
9

AFFIDAVIT of Hannah C. Vail in Support re 5 MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit 1: Natural Hazard Mitigation Saves: An Independent Study, # 2 Exhibit 2: Natural Hazard Mitigation Saves 2019 Report, # 3 Exhibit 3: FEMA Press Release on DRRA, # 4 Exhibit 4: EENews Report, # 5 Errata 5: CNN Report, # 6 Exhibit 6: Hamilton Memo, # 7 Exhibit 7: FEMA BRIC Press Release, # 8 Exhibit 8: FEMA Advisory, # 9 Exhibit 9: April 2025 DRF Monthly Report, # 10 Exhibit 10: 2024 BRIC NOFO, # 11 Exhibit 11: Memo re Actions to Rebalance FEMA's Role in Disasters, # 12 Exhibit 12: LinkedIn Profile of Cameron Hamilton, # 13 Exhibit 13: CBS Report, # 14 Exhibit 14: DRF FY 2020 Funding Requirements, # 15 Exhibit 15: DRF FY 2021 Funding Requirements, # 16 Exhibit 16: DRF FY 2022 Funding Requirements, # 17 Exhibit 17: DRF FY 2023 Funding Requirements, # 18 Exhibit 18: DRF FY 2024 Funding Requirements, # 19 Exhibit 19: June 2025 DRF Monthly Report, # 20 Exhibit 20: FEMA About Us Webpage, # 21 Exhibit 21: 2020 BRIC NOFO21, # 22 Exhibit 22: 2021 BRIC NOFO, # 23 Exhibit 23: 2022 BRIC NOFO, # 24 Exhibit 24: 2023 BRIC NOFO, # 25 Exhibit 25: 2020 FMA NOFO, # 26 Exhibit 26: 2021 FMA NOFO, # 27 Exhibit 27: 2022 FMA NOFO, # 28 Exhibit 28: 2023 FMA NOFO, # 29 Exhibit 29: 2024 FMA NOFO, # 30 Exhibit 30: Perkins Declaration, # 31 Exhibit 31: Ezelle Declaration, # 32 Exhibit 32: van Leeuwen Declaration, # 33 Exhibit 33: Fennig Declaration, # 34 Exhibit 34: Haney Declaration, # 35 Exhibit 35: Higgins Declaration, # 36 Exhibit 36: Schall Declaration, # 37 Exhibit 37: Kuetemeyer Declaration, # 38 Exhibit 38: Brisbo Declaration, # 39 Exhibit 39: Sweeney Declaration, # 40 Exhibit 40: Farole Declaration, # 41 Exhibit 41: Ottobre Declaration, # 42 Exhibit 42: Hutchinson Declaration, # 43 Exhibit 43: Ray Declaration, # 44 Exhibit 44: McMahon Declaration, # 45 Exhibit 45: Jenkins Declaration, # 46 Exhibit 46: Smith Declaration, # 47 Exhibit 47: Engle Declaration, # 48 Exhibit 48: Strickland Declaration, # 49 Exhibit 49: Rogers Declaration, # 50 Exhibit 50: West Declaration)(Vail, Hannah) (Entered: 07/16/2025)

7

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8

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13

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45

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50

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July 16, 2025

July 16, 2025

10

NOTICE of Appearance by Jak Kundl on behalf of Commonwealth of Massachusetts (Kundl, Jak) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

11

MOTION to Expedite Preliminary Injunction Briefing and Hearing Schedule by Commonwealth of Massachusetts, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Attachments: # 1 Text of Proposed Order Proposed Order)(Vail, Hannah) (Entered: 07/16/2025)

1 Text of Proposed Order Proposed Order

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July 16, 2025

July 16, 2025

12

First MOTION for Leave to Appear Pro Hac Vice for admission of Tyler Roberts, Andrew R.W. Hughes, Jennifer Chung, Niya Tawachi, and Cristina Sepe Filing fee: $ 625, receipt number AMADC-11125973 by State of Washington. (Attachments: # 1 Certification of Jennifer Chung, # 2 Certification of Andrew R.W. Hughes, # 3 Certification of Tyler Roberts, # 4 Certification of Cristina Sepe, # 5 Certification of Niya Tawachi)(Kundl, Jak) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

13

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part 11 Motion to Expedite.The court has a trial scheduled to begin on August 4, 2025. To accommodate the request for expedited briefing, it will accordingly adopt the following amended scheduled.Plaintiffs must serve a copy of the complaint, their motion for a preliminary injunction, and this Order on defendants by close of business on Thursday, July 17, 2025. Defendant may file an opposition of no more than thirty (30) pages by Thursday, July 24, 2025. Plaintiffs may file a reply of no more than fifteen (15) pages by Monday, July 28, 2025. The court will schedule a hearing on the motion for Thursday, July 31, 2025. (RGS, law3) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

Notice of Case Assignment

July 16, 2025

July 16, 2025

Order on Motion for Leave to File Excess Pages

July 16, 2025

July 16, 2025

Order on Motion to Expedite

July 16, 2025

July 16, 2025

14

ELECTRONIC NOTICE Setting Hearing on Motion 5 MOTION for Preliminary Injunction : Motion Hearing set for 7/31/2025 10:00 AM in Courtroom 21 (In person only) before Judge Richard G. Stearns. (TRM) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

15

First MOTION for Leave to Appear Pro Hac Vice for admission of Finnuala Tessier, Samuel Wolter Filing fee: $ 250, receipt number AMADC-11127662 by State of Colorado. (Attachments: # 1 Certification of Samuel Wolter, # 2 Certification of Finnuala Tessier)(Kundl, Jak) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

16

First MOTION for Leave to Appear Pro Hac Vice for admission of Aleeza Strubel, Sarah J. Gallo Filing fee: $ 250, receipt number AMADC-11127726 by State of Illinois. (Attachments: # 1 Certification of Aleeza Strubel, # 2 Certification of Sarah J. Gallo)(Kundl, Jak) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

17

First MOTION for Leave to Appear Pro Hac Vice for admission of Reid Hayton-Hull Filing fee: $ 125, receipt number AMADC-11127740 by State of Maine. (Attachments: # 1 Certification of Reid Hayton-Hull)(Kundl, Jak) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

18

First MOTION for Leave to Appear Pro Hac Vice for admission of Daniel T. Wilkes Filing fee: $ 125, receipt number AMADC-11127789 by State of North Carolina. (Attachments: # 1 Certification of Daniel T. Wilkes)(Kundl, Jak) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

19

First MOTION for Leave to Appear Pro Hac Vice for admission of Jacob B. Boyer Filing fee: $ 125, receipt number AMADC-11127811 by Josh Shapiro. (Attachments: # 1 Certification of Jacob B. Boyer)(Kundl, Jak) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

20

First MOTION for Leave to Appear Pro Hac Vice for admission of Randelle L. Boots Filing fee: $ 125, receipt number AMADC-11127831 by State of Rhode Island. (Attachments: # 1 Certification of Randelle L. Boots)(Kundl, Jak) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

21

First MOTION for Leave to Appear Pro Hac Vice for admission of Ryan P. Kane Filing fee: $ 125, receipt number AMADC-11127865 by State of Vermont. (Attachments: # 1 Certification of Ryan P. Kane)(Kundl, Jak) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

22

First MOTION for Leave to Appear Pro Hac Vice for admission of Amy Laura Cahn Filing fee: $ 125, receipt number AMADC-11128184 by Commonwealth of Massachusetts. (Attachments: # 1 Certification of Amy Laura Cahn)(Kundl, Jak) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

23

AMENDED DOCUMENT by Commonwealth of Massachusetts, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. Amendment to 9 Affidavit in Support of Motion,,,,,,,,,, Amended Higgins Declaration (Previously Dkt. No. 9-35). (Vail, Hannah) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

Notice Setting or Resetting Hearing on Motion

July 17, 2025

July 17, 2025

24

Filing fee/payment: $ 405, receipt number AMADC-11124166 for 1 Complaint (JKK) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

25

First MOTION for Leave to Appear Pro Hac Vice for admission of Christopher Kissel, David Green, Harald Kirn Filing fee: $ 375, receipt number AMADC-11130490 by State of California. (Attachments: # 1 Certification of David Green, # 2 Certification of Harald Kirn, # 3 Certification of Christopher Kissel)(Kundl, Jak) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

26

DECLARATION of Service by Commonwealth of Massachusetts, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Vail, Hannah) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

27

DECLARATION of Email and In-Hand Service by Commonwealth of Massachusetts, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Vail, Hannah) (Entered: 07/18/2025)

July 18, 2025

July 18, 2025

Filing Fee/Payment Received

July 18, 2025

July 18, 2025

28

NOTICE of Appearance by Nicole M. O'Connor on behalf of Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security, United States of America (O'Connor, Nicole) (Entered: 07/21/2025)

July 21, 2025

July 21, 2025

29

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 12 Motion for Leave to Appear Pro Hac Vice Added Tyler Roberts, Andrew R.W. Hughes, Jennifer Chung, Niya Tawachi, and Cristina Sepe and granting 15 Motion for Leave to Appear Pro Hac Vice Added Finnuala Tessier, Samuel Wolter and granting 16 Motion for Leave to Appear Pro Hac Vice Added Aleeza Strubel, Sarah J. Gallo and granting 17 Motion for Leave to Appear Pro Hac Vice Added Reid Hayton-Hull and granting 18 Motion for Leave to Appear Pro Hac Vice Added Daniel T. Wilkes and granting 19 Motion for Leave to Appear Pro Hac Vice Added Jacob B. Boyer and granting 20 Motion for Leave to Appear Pro Hac Vice Added Randelle L. Boots and granting 21 Motion for Leave to Appear Pro Hac Vice Added Ryan P. Kane and granting 22 Motion for Leave to Appear Pro Hac Vice Added Amy Laura Cahn and granting 25 Motion for Leave to Appear Pro Hac Vice Added Christopher Kissel, David Green, Harald Kirn. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

30

NOTICE of Appearance by Harald H. Kirn on behalf of State of California (Kirn, Harald) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

31

NOTICE of Appearance by Samuel Perry Wolter on behalf of State of Colorado (Wolter, Samuel) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

32

NOTICE of Appearance by Finnuala K Tessier on behalf of State of Colorado (Tessier, Finnuala) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

33

MOTION for Leave to Appear Pro Hac Vice for admission of Robert N. Brewer Filing fee: $ 125, receipt number AMADC- 100012527 by State of Maryland. (Attachments: # 1 Affidavit)(Kundl, Jak) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

July 22, 2025

July 22, 2025

34

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 33 Motion for Leave to Appear Pro Hac Vice Added Robert N. Brewer. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

35

NOTICE of Appearance by Jacob Boyer on behalf of Josh Shapiro (Boyer, Jacob) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

36

Assented to MOTION for Extension of Time to July 25, 2025 to File Opposition to Plaintiffs' Motion for Preliminary Injunction by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security, United States of America.(O'Connor, Nicole) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

37

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 36 Motion for Extension of Time to File. Defendants' opposition is due July 25, 2025. Plaintiffs' reply is due July 29, 2025. (RGS, law3) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

38

First MOTION for Leave to Appear Pro Hac Vice for admission of Vanessa L. Kassab, Ian R. Liston Filing fee: $ 250, receipt number AMADC-11137817 by State of Delaware. (Attachments: # 1 Certification of Ian R. Liston, # 2 Certification of Vanessa L. Kassab)(Kundl, Jak) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

39

NOTICE of Appearance by Tyler S. Roberts on behalf of State of Washington (Roberts, Tyler) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

40

NOTICE of Appearance by Jennifer K. Chung on behalf of State of Washington (Chung, Jennifer) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

41

NOTICE of Appearance by Andrew R.W. Hughes on behalf of State of Washington (Hughes, Andrew) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

42

NOTICE of Appearance by Cristina Sepe on behalf of State of Washington (Sepe, Cristina) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

43

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 38 Motion for Leave to Appear Pro Hac Vice Added Vanessa L. Kassab and Ian R. Liston. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (JAM) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

44

First MOTION for Leave to Appear Pro Hac Vice for admission of Colleen Kelly Faherty Filing fee: $ 125, receipt number AMADC-11138579 by State of New York. (Attachments: # 1 Certification of Colleen Kelly Faherty)(Kundl, Jak) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

Order on Motion for Leave to Appear

July 23, 2025

July 23, 2025

Order on Motion for Extension of Time to File

July 23, 2025

July 23, 2025

45

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 44 Motion for Leave to Appear Pro Hac Vice Added Colleen Kelly Faherty. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. (JAM) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

46

NOTICE of Appearance by Aleeza M. Strubel on behalf of State of Illinois (Strubel, Aleeza) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

47

First MOTION for Leave to Appear Pro Hac Vice for admission of Lauren Watford Filing fee: $ 125, receipt number AMADC-11139806 by State of Arizona. (Attachments: # 1 Certification of Lauren Watford)(Kundl, Jak) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

48

NOTICE of Appearance by Sarah Jeanne Gallo on behalf of State of Illinois (Gallo, Sarah) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

49

NOTICE of Appearance by Colleen K. Faherty on behalf of State of New York (Faherty, Colleen) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

50

NOTICE of Appearance by David Green on behalf of State of California (Green, David) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

51

NOTICE of Appearance by Vanessa L Kassab on behalf of State of Delaware (Kassab, Vanessa) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

52

NOTICE of Appearance by Ian Liston on behalf of State of Delaware (Liston, Ian) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

Order on Motion for Leave to Appear

July 24, 2025

July 24, 2025

53

NOTICE of Appearance by Daniel Wilkes on behalf of State of North Carolina (Wilkes, Daniel) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

54

First MOTION for Leave to Appear Pro Hac Vice for admission of Ashley Meskill Filing fee: $ 125, receipt number AMADC-11142934 by State of Connecticut. (Attachments: # 1 Certification of Ashley Meskill)(Kundl, Jak) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

55

First MOTION for Leave to Appear Pro Hac Vice for admission of Catherine Rios-Keating Filing fee: $ 125, receipt number AMADC-11142959 by State of Minnesota. (Attachments: # 1 Certification of Catherine Rios-Keating)(Kundl, Jak) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

56

First MOTION for Leave to Appear Pro Hac Vice for admission of Lynn K. Lodahl Filing fee: $ 125, receipt number AMADC-11143082 by State of Wisconsin. (Attachments: # 1 Certification of Lynn K. Lodahl)(Kundl, Jak) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

57

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 47 Motion for Leave to Appear Pro Hac Vice Added Lauren Watford and granting 54 Motion for Leave to Appear Pro Hac Vice Added Ashley Meskill and granting 55 Motion for Leave to Appear Pro Hac Vice Added Catherine Rios-Keating and granting 56 Motion for Leave to Appear Pro Hac Vice Added Lynn K. Lodahl Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

58

Opposition re 5 MOTION for Preliminary Injunction filed by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security, United States of America. (O'Connor, Nicole) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

RECAP
59

DECLARATION re 58 Opposition to Motion by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit (1) Orders of Succession, # 2 Exhibit (2) Delegations)(O'Connor, Nicole) (Entered: 07/25/2025)

1 Exhibit (1) Orders of Succession

View on RECAP

2 Exhibit (2) Delegations

View on RECAP

July 25, 2025

July 25, 2025

RECAP
60

NOTICE of Appearance by Niya S. Tawachi on behalf of State of Washington (Tawachi, Niya) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

July 25, 2025

July 25, 2025

61

First MOTION for Leave to Appear Pro Hac Vice for admission of Neil Giovanatti, Adam de Bear Filing fee: $ 250, receipt number AMADC-11144397 by State of Michigan. (Attachments: # 1 Certification of Neil Giovanatti, # 2 Certification of Adam de Bear)(Kundl, Jak) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

62

NOTICE of Appearance by Ryan Patrick Kane on behalf of State of Vermont (Kane, Ryan) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

63

NOTICE of Appearance by Robert Newman Brewer on behalf of State of Maryland (Brewer, Robert) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

64

NOTICE of Appearance by Catherine Rios-Keating on behalf of State of Minnesota (Rios-Keating, Catherine) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

65

REPLY to Response to 5 MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Roberts, Tyler) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

RECAP
66

DECLARATION re 5 MOTION for Preliminary Injunction by Commonwealth of Massachusetts, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11)(Roberts, Tyler) (Entered: 07/29/2025)

1

View on RECAP

2

View on RECAP

3

View on RECAP

4

View on RECAP

5

View on RECAP

July 29, 2025

July 29, 2025

67

First MOTION for Leave to Appear Pro Hac Vice for admission of Phoenix N. Meyers Filing fee: $ 125, receipt number AMADC-11147061 by State of New Jersey. (Attachments: # 1 Certification of Phoenix N. Meyers)(Kundl, Jak) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

68

First MOTION for Leave to Appear Pro Hac Vice for admission of Scott P. Kennedy Filing fee: $ 125, receipt number AMADC-11147800 by State of Oregon. (Attachments: # 1 Certification of Scott P. Kennedy)(Kundl, Jak) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

69

NOTICE of Appearance by Lauren Watford on behalf of State of Arizona (Watford, Lauren) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

70

Assented to MOTION for Leave to File Updated Declaration of David Richardson by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security, United States of America. (Attachments: # 1 Exhibit (1) Updated Declaration of David Richardson)(O'Connor, Nicole) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

71

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 61 Motion for Leave to Appear Pro Hac Vice Added Neil Giovanatti and Adam de Bear and granting 67 Motion for Leave to Appear Pro Hac Vice Added Phoenix N. Meyers and granting 68 Motion for Leave to Appear Pro Hac Vice Added Scott P. Kennedy. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (JAM) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

72

Second AFFIDAVIT of Hannah C. Vail in Support re 5 MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit 1: Brantley Declaration)(Vail, Hannah) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

73

NOTICE of Appearance by Neil Giovanatti on behalf of State of Michigan (Giovanatti, Neil) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

July 29, 2025

July 29, 2025

74

Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 70 Motion for Leave to File Updated Declaration of David Richardson. (JAM) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

75

NOTICE of Appearance by Reid Hayton-Hull on behalf of State of Maine (Hayton-Hull, Reid) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

76

DECLARATION re 58 Opposition to Motion Updated (leave to file granted July 30, 2025) by Federal Emergency Management Agency, Kristi Noem, David Richardson, United States Department of Homeland Security, United States of America. (O'Connor, Nicole) (Entered: 07/30/2025)

July 30, 2025

July 30, 2025

RECAP

Order on Motion for Leave to File Document

July 30, 2025

July 30, 2025

77

NOTICE of Appearance by Scott P. Kennedy on behalf of State of Oregon (Kennedy, Scott) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

78

Electronic Clerk's Notes for proceedings held before Judge Richard G. Stearns: Motion Hearing held on 8/1/2025 re 5 MOTION for Preliminary Injunction filed by Commonwealth of Massachusetts et al. Court hears argument from the parties, takes the matter under advisement. (Court Reporter: Jamie Halpin at jkhhalpin@gmail.com.)(Attorneys present: Roberts, Cahn, Vail, O'Connor) (TRM) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

Motion Hearing

Aug. 1, 2025

Aug. 1, 2025

79

Judge Richard G. Stearns: ORDER entered granting 5 Motion for Preliminary Injunction. The Government is preliminarily enjoined from spending the funds allocated to BRIC for non-BRIC purposes until the court is able to render a final judgment on the merits. (RGS, law3) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

Clearinghouse
80

Judge Richard G. Stearns: ELECTRONIC ORDER entered. The parties shall propose a joint briefing schedule for any motion to dismiss under Fed. R. Civ. P. 12(b) within ten (10) days of this Order.(RGS, law3) (Entered: 08/06/2025)

Aug. 6, 2025

Aug. 6, 2025

Order

Aug. 6, 2025

Aug. 6, 2025

81

NOTICE of Appearance by Ashley Meskill on behalf of State of Connecticut (Meskill, Ashley) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

82

JOINT STATEMENT of counsel regarding briefing schedule. (O'Connor, Nicole) (Entered: 08/18/2025)

Aug. 18, 2025

Aug. 18, 2025

RECAP
83

Judge Richard G. Stearns: ELECTRONIC ORDER entered re 82 Joint statement of counsel. Defendants will produce the Administrative Record by September 8, 2025; defendants will file any motion to dismiss by September 15, 2025; plaintiffs will respond to the dispositive motion by September 29, 2025; plaintiffs must file any motion for summary judgment by October 15, 2025, Defendants response to the summary judgment motion is due by November 5, 2025, plaintiffs Reply, if any, is due by November 14, 2025. The court will schedule a hearing on dispositive motions in late November. (Zierk, Marsha) (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

Order

Aug. 19, 2025

Aug. 19, 2025

84

NOTICE of Appearance by Amy Laura Cahn on behalf of Commonwealth of Massachusetts (Cahn, Amy Laura) (Entered: 08/20/2025)

Aug. 20, 2025

Aug. 20, 2025

RECAP
85

AMENDED COMPLAINT against All Defendants, filed by Commonwealth of Massachusetts, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New York, State of North Carolina, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin, Office of the Governor ex rel. Andy Beshear, State of New Mexico, District of Columbia.(Cahn, Amy Laura) (Entered: 08/29/2025)

Aug. 29, 2025

Aug. 29, 2025

Clearinghouse

Case Details

State / Territory:

Massachusetts

Case Type(s):

Presidential/Gubernatorial Authority

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 16, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several U.S. states which receive funding under FEMA's BRIC program.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Emergency Management Agency (- United States (national) -), Federal

U.S. Department of Homeland Security (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Appointments Clause

Separation of Powers

Spending/Appropriations Clauses

Other Dockets:

District of Massachusetts 1:25-cv-12006

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Reinstatement (job, contract, grant, etc.)

Issues

General/Misc.:

Funding

Government services

Presidential/Gubernatorial Authority:

Appointment Authority

Impoundment (mandatory spending)