This page will be updated regularly to provide new information as it becomes available regarding the AAU-ACE-APLU legal action contesting the Department of Energy cutting reimbursement rates to 15%. Stay tuned.
Updates:
May 15, 2025 Update: On May 15, 2025, U.S. District Judge Allison Burroughs issued a nationwide preliminary injunction halting the Department of Energy from “implementing, instituting, maintaining, or giving effect to the Rate Cap Policy in any form with respect to the IHEs [institutions of higher education] nationwide until a further order is issued by this Court.” In issuing the injunction, Judge Burroughs considered the merits of the claims made in the lawsuit and the irreparable harm that would result without an injunction.
This nationwide injunction replaces the temporary restraining order in place since April 16, 2025. It will remain in place until a final decision is issued in the case, or a higher court overturns the preliminary injunction on an appeal by the government.
May 1, 2025 Update: On April 29, 2025, after a hearing held on April 28, 2025 to discuss preliminary injunctive relief, U.S. District Judge Allison Burroughs extended a temporary restraining order (TRO) that was set to expire on April 30, 2025. According to the electronic order issued by Judge Burroughs, the TRO will remain in effect “until a further order is issued resolving the request for a preliminary injunction.” This order means that the relief provided to all institutions in all states nationwide will continue to be in effect until the judge rules on more long-term relief in the form of a preliminary injunction.
April 16, 2025 Update: U.S. District Judge Allison Burroughs issued a temporary restraining order (TRO) that covers all institutions in all states nationwide in the case filed by AAU, APLU, ACE, and nine impacted higher education institutions against the U.S. Department of Energy. The judge’s order prevents the administration “…from implementing, instituting, maintaining, or giving effect to the DOE Policy Flash: Adjusting Department of Energy Grant Policy for Institutions of Higher Education (IHE) (the ‘Rate Cap Policy’) in any form; from otherwise modifying negotiated indirect cost rates except as permitted by statute and by the regulations of the Office of Management and Budget; and from terminating any grants pursuant to the Rate Cap Policy or based on a grantee’s refusal to accept an indirect cost rate less than their negotiated rate.”
Resources:
Legal Filings Submitted by AAU, APLU, ACE, and Universities Contesting Cuts to Energy Research