Research & Developments is a blog for brief updates that provide context for the flurry of news regarding law and policy changes that impact science and scientists today.
Update 11 May: On 7 May, lawyers representing the University Corporation for Atmospheric Research (UCAR) and the National Science Foundation (NSF) faced off over the question of whether the government can break up UCAR and hand off its pieces to other institutions—including transferring the NCAR-Wyoming Supercomputing Center to the University of Wyoming. Outlets including Nature and Courthouse News reported on the hearing.
In court, Michael Purpura, a lawyer representing UCAR, argued that the NSF acted too quickly and without authority when it determined that the supercomputer should be transferred, calling it “a sham process.”
Marianne Kies, an attorney representing the NSF, responded that the proposal to move the supercomputer is just that: a proposal. Therefore, it is not a final agency action that should trigger court review under the Administrative Procedure Act.
“Plaintiff is in the wrong court at the wrong time,” Kies said. “Final agency action has specific meaning and must be met.”
Judge R. Brooke Jackson of the U.S. District Court of Colorado said he would issue a ruling “as promptly as possible.” A decision in NSF’s favor would mean the process of transferring the supercomputer continues. A decision in UCAR’s favor would likely pause the transfer until an agreement is reached.
Update 7 April: On Friday, the University Corporation for Atmospheric Research (UCAR) filed a motion for a preliminary injunction to prevent federal agencies from removing UCAR leadership from the helm of the NSF NCAR-Wyoming Supercomputing Center (NWSC). A preliminary injunction is a court order that maintains the status quo before a final judgment is made.
“UCAR argues that if this action were to continue, it would result in irreparable harm including job losses, disruption to ongoing research projects, and contractual liabilities to other agencies and third parties,” read a statement posted on UCAR’s website.
16 March: The University Corporation for Atmospheric Research (UCAR) filed a lawsuit today against the National Science Foundation (NSF), NOAA, the Department of Commerce (DOC), the Office of Management and Budget (OMB), and those agencies’ directors.
In December, the Trump administration announced plans to dismantle NSF’s National Center for Atmospheric Research (NCAR), which UCAR manages. NCAR, one of the world’s leading climate and Earth science research laboratories, is headquartered in Boulder, Colo.
The lawsuit alleges that the federal agencies are “waging a campaign of retaliation” against Colorado and its institutions because the state has not bowed to federal authorities. Namely, the state of Colorado prosecuted and convicted Tina Peters, the former County Clerk of Mesa County, for her efforts to overturn the results of the 2020 election, and Gov. Jared Polis refused President Trump’s order to grant Peters clemency. (The governor has since indicated he may reconsider.) The state has also not ended mail-in voting, a practice frequently criticized by the president.
“The Agencies have not identified any performance deficiency warranting adverse action, UCAR has remained in full compliance with the terms and conditions of its receipt of federal funding, and no agency has articulated a reasoned explanation for the coordinated effort to cripple UCAR and dismantle NCAR,” the lawsuit alleges. “That is because no such explanation exists.”
—Emily Gardner (@emfurd.bsky.social), Associate Editor
These updates are made possible through information from the scientific community. Do you have a story about how changes in law or policy are affecting scientists or research? Send us a tip at [email protected].
