A consortium of more than 100 colleges and universities, operating through the University Corporation for Atmospheric Research, has filed suit against the National Science Foundation and several federal agencies, including the National Oceanic and Atmospheric Administration and the Department of Commerce. The lawsuit, filed in the U.S. District Court for Colorado, alleges actions taken to dismantle the National Center for Atmospheric Research in Boulder were illegal and constitute part of a “campaign of retaliation” against the state. According to the filing, the measures are tied to the Trump administration’s opposition to Colorado’s mail-in voting system and the prosecution of former Mesa County Clerk Tina Peters, who is serving a nine-year sentence for election tampering during the 2020 presidential election.
The complaint claims the agencies violated the Administrative Procedure Act by taking steps to restructure or terminate UCAR’s cooperative agreements without lawful justification or proper procedure, putting ongoing research at NCAR at risk. In addition to statutory claims under the APA, UCAR asserts political motives underlie the federal actions, raising constitutional concerns about retaliation and the misuse of federal authority.
A ruling for UCAR could reinforce procedural protections for federally funded research institutions and limit agency discretion in restructuring agreements. A government victory could affirm broad federal control over research programs. The litigation also has the potential to set precedent on how courts assess claims that federal funding and governance decisions are used as instruments of political retaliation.