The Environmental Defense Fund filed a lawsuit against the Trump administration on Aug. 20 seeking to stop its attempt to dismantle Boulder’s National Center for Atmospheric Research.
The lawsuit follows a similar lawsuit filed in March by the University Corporation for Atmospheric Research, a nonprofit consortium of 129 universities that manages NCAR. Like UCAR’s lawsuit, the environmental group argued that the federal government violated the Administrative Procedure Act by failing to provide an explanation for the attempt to dismantle NCAR.
The Trump administration first moved to break up NCAR in December, shortly after Trump attempted to pardon election official Tina Peters, who was convicted of felonies related to 2020 election conspiracy theories. The pardon was ineffective because Peters faces state, not federal, charges. Both UCAR and EDF argue that the attempt to dismantle NCAR was retaliation for Peters’ conviction and Colorado Gov. Jared Polis’ refusal to pardon her.
In December, 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.”
EDF also made a new argument that the Trump administration failed to conduct required reviews under the National Historic Preservation Act before attempting to close Boulder’s NCAR Mesa Lab.
The NCAR Mesa Lab is not on the National Register of Historic Places, but EDF argues it is eligible for listing because it represents “historic contributions to the understanding of our natural world.” The building was completed in 1967 and was one of Boulder’s first federal labs and one of the nation’s first atmospheric labs.
The environmental group is asking the court to prevent the closure of the Mesa Lab, stop the attempt to dismantle NCAR and require the administration to conduct “all legally required National Historic Preservation Act processes.”
“When we check the weather or track the path of a hurricane, we’re leaning on science generated by the National Center for Atmospheric Research,” said Erin Murphy, a lawyer with the Environmental Defense Fund. “The Trump administration is attempting to eliminate NCAR’s vital climate science research and close its Mesa Laboratory at a time when Americans everywhere are suffering from the impacts of climate change, including more intense heat and fires, more dangerous floods and storms, and skyrocketing insurance costs.”
