New York attorney general, 15 other states sue to block National Science Foundation program cuts

New York Attorney General Letitia James and law enforcement officials from 15 other states sued the Trump administration Wednesday, seeking to block millions of dollars in cuts to National Science Foundation programs.

The cuts imposed on research and diversity programs “will devastate critical STEM research at higher education institutions,” the state attorneys general said in the 38-page lawsuit filed in federal court in Manhattan.

James said in a statement, “This administration’s attacks on basic science and essential efforts to ensure diversity in STEM will weaken our economy and our national security.”

A representative for the National Science Foundation declined to comment on the lawsuit Wednesday.

Under the Trump administration, the foundation has cut grants aimed at increasing the numbers of women, people of color and people with disabilities in the fields of science, technology, engineering and math.

The impact on Long Island was unclear Wednesday. The New York attorney general's office said in a statement that 18 City University of New York programs, receiving $11 million from the science foundation, have had their funding canceled.

The foundation said in a statement on its website that the work it supports “should not preference some groups at the expense of others, or directly/indirectly exclude individuals or groups. Research projects with more narrow impact limited to subgroups of people based on protected class or characteristics do not effectuate NSF priorities.”

It also said it would support science and engineering projects “that focus on protected characteristics when doing so is intrinsic to the research question and is aligned with Agency priorities."

The agency also imposed a 15% cap on “indirect costs” of the projects it funds, starting this month. Indirect costs include paying for lab space, utilities, maintenance and administrative work, according to the lawsuit. The State University of New York receives “millions” in science foundation grants, most of which fund 50% to 61% of indirect costs, the lawsuit stated.

The SUNY system received more than $104 million at 23 campuses last year from the foundation, the New York attorney general’s office said in a statement. The cap on indirect costs would eliminate $18 million from SUNY programs and lead to “critical projects being abandoned, staff laid off and research essential to national security, public health and economic stability ending,” the office said.

In a statement, a SUNY spokesperson said: "Federal research funding is essential for life-saving and groundbreaking innovation at SUNY and across the nation, and it drives our economy by creating jobs and serving as a catalyst for new companies and industries. We will continue to work closely with the New York Attorney General, Governor’s Office, industry partners, and others to fight these devastating cuts and advance research for the public good.”

This year, Congress appropriated almost $7.2 billion for research and $1.17 billion for STEM education through the science foundation, the lawsuit stated. The agency was created by a 1950 federal law, and Congress has directed it to encourage under-represented groups to enter STEM fields, calling them “the largest untapped STEM talent pools” that could help address shortages of skilled workers, the lawsuit stated.

The lawsuit seeks a court order blocking the cuts to indirect costs and diversity programs.

In addition to New York, the plaintiffs in the lawsuit include the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Wisconsin, and Washington.

By Maura McDermott

maura.mcdermott@newsday.commauramcdermott

Maura McDermott covers education. Since joining Newsday in 2012, she also has worked on the investigations team and covered real estate and the business of health care.