Attorney General Phil Weiser falsely claims his lawsuits “secured over $1 billion for Colorado.” Then the accounting reveals how he reached that number: California’s share of a nationwide court order, threatened funds never frozen, and SNAP benefits Congress restored by ending the shutdown. Colorado lost $787 million in federal funding across 2025.
Judge Tana Lin’s June preliminary injunction restored $1 billion in NEVI charging funds nationwide across 14 states. California received $179.8 million of that total. Colorado received $25 million. Weiser’s press release claimed he “secured over $1 billion for Colorado.”
His November prepared remarks claim lawsuits “protected” $229 million in HHS public health grants that were threatened but never frozen. They claim he secured “over $1 billion” in highway, transit, and disaster relief funding the same way. When money is threatened and then not taken, Weiser counts it as secured through litigation.
The SNAP lawsuit shows the pattern. Filed during the government shutdown, it produced a federal court order requiring USDA to provide benefits. The Supreme Court stayed full . Congress ended the shutdown November 12, Weiser lists this as a victory.
The money left in waves across 2025. Education grants froze in July, withholding $70 million supporting Colorado schools for afterschool programs, teacher salaries, language courses, and professional development. Schools had already finalized budgets when the freeze hit.
Energy Secretary Chris Wright terminated 34 Colorado projects October 2 worth $608 million, according to House Appropriations Committee Democrats’ analysis. CSU’s methane-cutting technologies program lost $326 million, including funding for 32 jobs. Xcel Energy’s iron-air battery storage research lost $70 million. Tri-State Generation’s energy transition lost $27 million. Pioneer Energy’s methane emissions work lost $22 million. United Power’s floating solar microgrid lost $6.5 million.
“On day one, the Energy Department began the critical task of reviewing billions of dollars in financial awards, many rushed through in the final months of the Biden administration,” Wright stated in announcing the terminations.
Transportation Secretary Sean Duffy’s office announced December 16 the cancellation of five Colorado projects worth $109 million. Fort Collins lost $11.7 million for EV fleet electrification and $10.7 million for transit infrastructure. CSU Pueblo lost $11.7 million for hydrogen rail research. CDOT lost $66.4 million for northern Colorado rail safety improvements. The state lost $8.34 million for EV charging maintenance across 197 locations. No formal order exists—USDOT spokesperson Danna Almeida announced the cancellations to media without Federal Register notice or signed memorandum.
The Supreme Court ruled in April that federal grantees cannot challenge grant terminations in district court under the Administrative Procedure Act. Recipients can only file for money damages in Court of Federal Claims after employees are laid off and research ends. The Court of Federal Claims cannot issue injunctions to stop terminations or restore funding.
His 47 lawsuits target frozen funds and policy changes, producing 21 preliminary injunctions, all subject to appeal, none final victories. Former Colorado Attorney General John Suthers, a Republican who sued the Obama administration, cautioned that “Weiser’s win-loss record may shift as rulings in U.S. District Courts get appealed to Circuit Courts and the Supreme Court.” Weiser’s own assessment in May acknowledged the administration shows “mildly encouraging signs” of following court rulings in cases he brought but “discouraging” signs in others where “they are not showing the same commitment to following court orders.”
While federal dollars disappeared, the Colorado legislature faced a $1.2 billion budget shortfall. The Joint Budget Committee made cuts legislators called “extremely painful.” The multimodal transportation fund lost $71.4 million. The Electrifying School Buses Grant Fund was eliminated entirely, losing $28.8 million. The State Employee Reserve Fund was eliminated, transferring $13 million to general fund. The Community Impact Cash Fund lost $6 million. The Community Access to Electric Bicycles Cash Fund lost $512,000.
The same budget that made these cuts appropriated additional Colorado Energy Office funding for “key regulatory and decarbonization work, including energy planning, clean heat initiatives, and electrification projects.” It appropriated $4 million specifically “to support efforts by the Governor and the Attorney General to challenge federal actions.” The legislature chose to fund lawsuits producing preliminary injunctions counting other states’ recoveries. It chose not to fund replacement for terminated federal grants.
Legislative Council Staff announced June 18 that Colorado’s EV, e-bike, and heat pump tax credits will be halved in 2026. The automatic trigger in state law cuts credits when revenue forecasts miss statutory benchmarks. Governor Polis had increased EV rebates October 2 to counter Trump eliminating federal tax credits. Vehicle Exchange Colorado currently offers $9,000 for new EVs and $6,000 for used vehicles. Those amounts drop to $4,500 and $3,000 in 2026. The state fights federal eliminations while planning identical cuts due to budget constraints.
Colorado’s programs guarantee continued federal-state conflict. State law mandates 90% greenhouse gas emissions reduction by 2050. The Public Utilities Commission approved Colorado’s Clean Heat Plan in 2024, requiring $644 million in ratepayer funding over three years to subsidize neighbors’ conversion from natural gas heating. Black Hills Energy estimates $397 million annually to implement it. Xcel Energy projected $1 billion over five years.
When Trump eliminated federal EV tax credits September 30, Polis increased state rebates the next day. “The Trump administration has effectively just increased taxes on people by removing the tax credits,” said Will Toor, Colorado Energy Office executive director. “We are responding by increasing the incentives.” The 2025 legislature appropriated additional Colorado Energy Office funding for programs the Trump administration explicitly opposes.
Trump’s January 20 executive order directed agencies to eliminate what he called the “EV mandate.” Russell Vought, Office of Management and Budget director, posted on X that the administration was canceling “Green New Scam funding to fuel the Left’s climate agenda.” The pattern repeats: Colorado appropriates funds for climate programs, the Trump administration terminates federal grants supporting similar work, the state appropriates money to litigate, federal money stays gone, and the state cuts programs anyway due to budget shortfalls while continuing to fund the underlying mandates requiring the work.
Legislative Council Staff’s June forecast projects worsening shortfalls. Federal funding bill impacts could cost Colorado $650 million for Medicaid and SNAP plus $600 million annually in tax revenue—$1.25 billion in new costs while facing an existing $1.2 billion shortfall. No preliminary injunction counting California’s money changes structural budget mathematics. Colorado appropriated funds for programs the Trump administration explicitly opposes, then appropriated additional funds to litigate when federal money disappeared, then cut the same types of programs when budget constraints forced hard choices.
Weiser hired three new lawyers in May to handle Trump administration lawsuits. “We have day jobs that we’re doing, serving clients and the state government, serving the people of Colorado and we have this unusual situation of a Trump administration acting lawlessly and harmfully,” he told Colorado Matters. He campaigns for governor in 2026 claiming victories that count money other states received, threatened funds never frozen, five-day SNAP benefits Congress restored, and preliminary injunctions subject to appeal and administration non-compliance.
CSU’s methane research jobs will not be filled. Xcel’s battery storage work stops. CDOT’s rail safety improvements are canceled. Fort Collins loses transit and EV infrastructure. The Court of Federal Claims may award damages years after project deadlines pass, after employees take other jobs, after opportunities to conduct research disappear. Attorney General victories produce press releases counting other states’ recoveries. Federal grant terminations produce nothing Colorado’s climate mandates can use.
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