On February 2, 2026, the Department of Energy filed a reply brief in its appeal of the decision of the U.S. District Court for the District of Massachusetts in the case challenging cuts to indirect costs. In the brief, the government acknowledged that the new appropriations legislation “superseded” the policy; however, DOE continues to assert that “the appropriations rider postdates the Policy Flash and therefore has no bearing on the lawfulness of the Policy Flash when issued."