Judge rules that probationary federal workers were fired illegally — AGU’s plaintiff coalition prevails

AGU press contact: Josh Weintberg, (202) 820-6064, [email protected]

WASHINGTON - In a blistering decision, a federal judge ruled Friday that the Trump Administration acted illegally when it fired tens of thousands of probationary federal employees in February.

AGU, the world's largest association of Earth and space scientists, joined a coalition of plaintiffs in March to argue in defense of the federal workforce in American Federation of Government Employees, AFL-CIO v. United States Office of Personnel Management (OPM) (3:25-cv-01780). In the summary judgment, Judge William H. Alsup of the Northern District of California called the government's justifications for their actions "disingenuous," and the records they produced were, at times, "a fabrication" and "a sham" intended to frustrate judicial review.

"We applaud the judge's decision and echo his striking rebuke against the clear illegality of OPM's actions," said Janice R. Lachance, Executive Director and CEO of AGU. "This outcome shows that the destruction of the scientific workforce that is so vital to our health, safety, and national security is not inevitable. We are grateful to our plaintiffs' coalition that stood up together and to AGU's members and scientific community that supported this fight."

The court's decision makes permanent a preliminary injunction put in place in April 2025. While recognizing that rehiring may no longer be an option for most employees, the court ordered the government to update personnel records to remove the false claims that the firings were based on performance and to not take such actions again.

The current court ruling pertains to the following agencies: the Departments of Agriculture, Commerce, including NOAA, Defense, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, including the U.S .Geological Survey, Treasury, Transportation, and Veterans Affairs, the Environmental Protection Agency, General Services Administration, National Science Foundation, and Small Business Administration.

AGU is grateful for the partnership of the plaintiff coalition and the zealous representation of our attorneys at Altshuler Berzon LLP and the State Democracy Defenders Fund (SDDF). The coalition parties include American Federation of Government Employees (AFGE); American Federation of State, County and Municipal Employees (AFSCME); the Main Street Alliance; the Coalition to Protect America's National Parks; the Common Defense Civic Engagement; the Western Watersheds Project; AFGE Local 1216; AFGE Local 2110; VoteVets; and United Nurses Associations of California/Union of Health Care Professionals (UNAC/UHCP); American Public Health Association; the Association of Flight Attendants-CWA, AFL-CIO; Climate Resilient Communities; and Point Blue Conservation Science. The state of Washington is represented by the Washington Attorney General Nick Brown.

AGU (https://www.agu.org) is a global community supporting more than half a million professionals and advocates in Earth and space sciences. Through broad and inclusive partnerships, we advance discovery and solution science that accelerate knowledge and create solutions that are ethical, unbiased and respectful of communities and their values. Our programs include serving as a scholarly publisher, convening virtual and in-person events and providing career support. We live our values in everything we do, such as our net zero energy renovated building in Washington, D.C. and our Ethics and Equity Center, which fosters a diverse and inclusive geoscience community to ensure responsible conduct.