The University Corporation for Atmospheric Research, a nonprofit consortium of 129 universities that manages the federally funded National Center for Atmospheric Research, filed a lawsuit March 16 against several federal agencies and their leaders over efforts to dismantle the Boulder-based lab.
UCAR asked a federal court to declare the effort to break up NCAR unconstitutional and block it from proceeding. The suit alleges the Trump administration’s efforts to break up NCAR were retaliation after Gov. Jared Polis refused to grant clemency to Tina Peters, an election official convicted of felonies related to 2020 election conspiracy theories.
UCAR argues the restructuring of NCAR is just one element of what it describes as “a widespread and coordinated campaign of punishment and coercion” that attacks Colorado’s constitutional right to regulate its elections and enforce its criminal code.
UCAR’s lawsuit follows a lawsuit filed by the State of Colorado in October 2025 and expanded in January, alleging the federal government attacked the state’s sovereignty with a “campaign of retribution,” including dismantling NCAR.
The Trump administration moved to break up NCAR shortly after Trump attempted to pardon Peters in a Truth Social post. The pardon was ineffective because Peters faces state, not federal, charges.
On Dec. 15, Trump attacked Polis on Truth Social for not releasing Peters, and on Dec. 16, Office of Management and Budget Director Russell Vought announced that the National Science Foundation would break up NCAR. In January, the NSF sought proposals for how to break up the federal lab, and in March, Rep. Joe Neguse publicized a whistleblower report stating that federal officials may already be negotiating with private companies about transferring NCAR’s assets.
The state’s case lays out other alleged retaliatory actions that followed Trump’s Dec. 15 Truth Social post:
On Dec. 16, the federal government terminated $109 million in transportation funds and $615 million in Department of Energy funds for Colorado and directed only Colorado and Minnesota — another state criticized by the president — to recertify eligibility for federal food assistance programs. Under the directive, more than 100,000 Colorado households could have lost access to assistance if the state did not comply. On March 16, a federal judge blocked the directive, deeming it unconstitutional and suggesting the actions were part of a pattern of retaliation against the state.
“Although Colorado was not forewarned, the Recertification Letter did not arrive in a vacuum,” Judge R. Brooke Jackson wrote in his opinion.
“On December 11th, President Trump announced that he had pardoned former Mesa County Clerk and Recorder Tina Peters …. Later that week, at an Oval Office media event, the President attacked “weak and pathetic” Governor Polis for not releasing Ms. Peters.
“The following week, the Trump Administration launched a barrage of threats and actions designed, by all appearances, to punish Colorado.”
On Dec. 20, the Federal Emergency Management Agency also denied two disaster relief requests from Colorado related to wildfires and flooding.
The UCAR suit also alleges that on Dec. 19, NOAA emailed UCAR a letter “purporting to terminate a multi-million-dollar cooperative agreement with UCAR.”
In Dec. 16 interviews, a senior White House official told several news outlets: “Maybe if Colorado had a governor who actually wanted to work with President Trump, his constituents would be better served.”
“This case arises from unlawful retaliation by federal administrative agencies that are … eroding the principles of federalism at the core of our constitutional structure,” the UCAR suit begins, referring to the system of dual sovereignty between the states and federal government.
It also argues: “No agency has articulated a reasoned explanation for the coordinated effort to cripple UCAR and dismantle NCAR. That is because no such explanation exists.”
The UCAR suit names the National Science Foundation, the National Oceanic and Atmospheric Administration, the U.S. Department of Commerce and the Office of Management and Budget, along with several leaders of these agencies, including OMB Director Russell Vought and Commerce Secretary Howard Lutnick, as defendants.
“Serving at the forefront of scientific research and innovation, UCAR and NCAR help keep America safe,” the lawsuit states. “But now, UCAR and NCAR are under attack.”
From its Boulder lab, NCAR operates observational platforms and weather modeling systems that government entities, private companies and researchers both nationally and internationally rely on for weather forecasting and preparation for natural disasters. The center is widely considered one of the world’s leading institutions for atmospheric and climate research.
Legal claims
The lawsuit brings five counts against the federal agencies under the Administrative Procedure Act, which requires courts to set aside federal agency actions that are “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”
The first alleges unconstitutional retaliation by breaking up NCAR.
The second challenges the planned transfer of the NCAR-Wyoming Supercomputing Center to the University of Wyoming, a decision that the lawsuit says was set in motion on Feb. 23.
The next two counts concern the termination of the NOAA funding award to NCAR and the addition of new reporting requirements for NCAR and UCAR employees, including individualized cost accounting with a six-day deadline for all UCAR personnel who attended a conference. Such reporting requirements had never previously been required, according to the suit.
The final count concerns what the lawsuit describes as a gag order from the NSF on UCAR and NCAR employees.
A Feb. 12 letter from the NSF stated that “UCAR and NCAR may not make any public comment on [NSF’s] restructuring activities.”
UCAR argues this “blanket prohibition on speech” violates the First Amendment and has had a “chilling effect,” preventing UCAR President Antonio Busalacchi from publicly commenting about the future of NCAR or the transfer of its assets at several meetings in February.
“These actions pose a direct threat to national security, public safety, and economic prosperity and risk setting back the country’s global leadership in weather and space weather modeling and forecasting,” UCAR said in a statement on its lawsuit. “We are hopeful that this lawsuit will prevent future unlawful action by the agencies.”
The lawsuit also cites reporting by Boulder Reporting Lab, which has been closely covering the federal effort to dismantle NCAR and its potential impact on Boulder’s scientific community.
Timeline of events leading to UCAR’s lawsuit over NCAR
Aug 12, 2024: Tina Peters is convicted of four felonies and sentenced to nine years in prison.
May 5, 2025: Trump posts on Truth Social directing the Department of Justice to “take all necessary action” to help free Peters.
Aug 21, 2025: Trump calls for Peters’ release, saying, “She did nothing wrong, except catching the Democrats cheat in the Election.”
Dec 3, 2025: Trump posts “FREE TINA!” on Truth Social. “The SLEAZEBAG Governor of Colorado, Jared Polis, refuses to allow an elderly woman, Tina Peters, who was unfairly convicted of what the Democrats do, cheating on Elections, out of jail!” he wrote.
Dec 5, 2025: Trump says he will pardon Tina Peters.
Dec 11, 2025: Trump announces the pardon on Truth Social.
Dec 15, 2025: Trump calls Polis a “weak and pathetic man” who would not “allow our wonderful Tina” to be released.
Dec 16, 2025: OMB Director Russell Vought announces the National Science Foundation will break up NCAR.
Dec 16, 2025: The Trump administration announces it will terminate $109 million in transportation funds and $615 million in Department of Energy funds for Colorado and require Colorado and Minnesota to recertify eligibility for federal food assistance potentially affecting more than 100,000 Colorado households.
Dec 19, 2025: NOAA cancels $14 million grant to NCAR for a Climate Adaptation and Mitigation Program with several million left unspent.
Dec 20, 2025: The Federal Emergency Management Agency denies two disaster relief requests from Colorado related to wildfires and flooding.
Dec 20-22, 2025: UCAR terminates 17 subcontractors and eight employees as a result of the lost NOAA funding, according to the lawsuit.
Dec 31, 2025: Trump vetoes a Republican-sponsored bill for a clean water pipeline in Colorado.
Jan 23, 2026: The NSF publishes a Dear Colleague Letter requesting feedback on how to “restructure” NCAR, including transferring its assets, with a March 13 deadline.
Feb 23, 2026: Steven Ellis of NSF’s Office of Research Infrastructure emails NCAR Director Everette Joseph requesting operational and financial data to support transferring the NCAR-Wyoming Supercomputing Center to the University of Wyoming, according to the lawsuit.
March 9, 2026: Rep. Joe Neguse’s office announces a whistleblower allegation that OMB officials are already negotiating with a private company to transfer NCAR’s assets and calls for an investigation.
March 16, 2026: UCAR sues NSF, OMB, NOAA and the Department of Commerce.
Trump is so transparent in his totalitarian schemes and so relentless in his retaliation against political opponents, I hope the courts can see this clearly by now. This lawsuit was just in the nick of time. I wonder if Polis is feeling less weak and pathetic now about Tina Peters.
Great article, Brooke! Thankyou for explaining the UCAR lawsuit and detailing Trump’s deplorable anti-science and Colorado revenge motivations. Here’s hoping that the UCAR lawsuit will prevail.