Temporary Restraining Order (TRO) on DOE 15% Indirect Cost Cap on Higher Education Grants
April 29, 2025 update:
The U.S. District Court for the District of Massachusetts extended the temporary restraining order, which will remain in effect until a further order is issued resolving the request for a preliminary injunction.
April 16, 2025 update:
April 16 update: On April 16, 2025, the U.S. District Court for the District of Massachusetts granted a Temporary Restraining Order (TRO) in the case Association of American Universities et al. v. U.S. Department of Energy. This order immediately halts enforcement of the Department of Energy’s new policy limiting indirect cost (Facilities & Administrative, or F&A) recovery to 15% for Institutions of Higher Education.
Under the TRO, the DOE and its representatives are prohibited from:
- Implementing or enforcing the 15% indirect cost cap.
- Modifying negotiated indirect cost rates outside the normal statutory and regulatory processes.
- Terminating any grants based on a grantee’s refusal to accept a lower indirect cost rate.
The TRO will remain in effect until further order of the court. A hearing on the matter is scheduled for April 28, 2025.
The University of Maine is continuing to monitor this evolving situation closely. Principal Investigators (PIs) should immediately forward any communications received from the Department of Energy regarding the 15% F&A policy to ora@maine.edu for tracking and institutional response.
We will provide additional updates as new information becomes available.