Attorney General Phil Weiser again challenges illegal terms to emergency management and disaster relief funds

Attorney General Phil Weiser again challenges illegal terms to emergency management and disaster relief funds

Nov. 4, 2025 (DENVER) - Attorney General Phil Weiser today joined a group of 12 attorneys general in a lawsuit against Secretary of Homeland Security Kristi Noem, the U.S. Department of Homeland Security, Acting FEMA Administrator David Richardson, and FEMA for, once again, interfering with grants already promised to the states for emergency management, disaster-relief, and homeland security operations.

"The Trump administration's reckless and lawless actions to undermine emergency management and disaster funding are designed to harm Colorado and other states that won't be bullied," said Attorney General Weiser. "Playing political games with preparedness funding is appalling-these are funds that Colorado is entitled to use and needs to prepare for, respond to, and recover from disasters like wildfires and floods. I will always fight for Colorado and challenge the lawless actions of this administration."

Since taking office in January, the Trump administration has attempted to reduce FEMA's role and shift the burden of emergency management to the states by denying or restricting requests for emergency declarations, withholding grant funding, and imposing irrelevant and unconstitutional terms on recipients of long-standing FEMA grants. Many of these illegal actions have been successfully challenged in court.

The states insists that the Trump administration included illegal and impossible-to-meet grant terms in the Emergency Management Performance Grant (EMPG) and the Homeland Security Grant Program (HSGP) that depart from past practice and serve only as obstacles to obtaining and using the funding allocated by Congress.

These grants fund a substantial portion of preparedness activities and strengthen the state's ability to prepare for, respond to, and recover from disasters. The grants also provide federal funding to boost homeland security and terrorism prevention measures like securing critical infrastructure and cyber infrastructure, equipping first responders and law enforcement, and supporting initiatives that help communities respond effectively to threats and emergencies, particularly in the Denver and Colorado Springs areas.

In Colorado, FEMA awarded the state Department of Homeland Security and Emergency Management $5,719,526 in EMPG funding and $23,089,619 in HSGP funding. The department has not yet been able to accept either of these awards due, in part, to these illegal grant terms.

The federal government has placed an improper funding hold on one grant and changed the timeline for the expenditure of funding under both grants. The states argue that these terms are unlawful because they exceed the federal government's authority, are contrary to law, fail to comply with required procedures, and are unexplained. By imposing these terms, DHS and FEMA have inappropriately restricted the states' ability to use the funding as anticipated, including for past and future projects that fall within the scope of the grant programs.

Joining Attorney General Weiser, are the attorneys general of Arizona, Hawaii, Maine, Maryland, Michigan, Nevada, New Mexico, North Carolina, Oregon, Wisconsin, and the governor of Kentucky. The lawsuit was filed in the U.S. District Court for the District of Oregon.

Read the complaint Michigan v. Noem et al (PDF).

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