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Judge grants temporary restraining order in lawsuit by U. and others against the DOE

Rock gate between two buildings
Princeton, alongside eight other universities and three national associations of higher education, had sued the DOE on Monday after the agency implemented a cap of 15 percent on indirect costs.
MC McCoy / The Daily Princetonian

The United States District Court of Massachusetts granted Princeton and other plaintiffs a temporary restraining order (TRO) on Wednesday, halting the cap on indirect cost rates imposed by the Department of Energy (DOE). 

Princeton, alongside eight other universities and three national associations of higher education, had sued the DOE on Monday after the agency implemented a cap of 15 percent on indirect costs. Indirect costs are meant to cover overhead costs not necessarily attributed to a single lab. The Association of American Universities, whose board is chaired by University President Christopher Eisgruber ’83, is another one of the plaintiffs in the suit against the DOE and Chris Wright, the secretary of energy.

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In the order granting the TRO, Judge Allison D. Burroughs wrote that the plaintiffs have made “a sufficient showing that they have provided notice to Defendants and that, unless their Motion for a Temporary Restraining Order … is granted, they will sustain immediate and irreparable injury before there is an opportunity to hear from all parties.”

In the original lawsuit, the plaintiffs argued that such costs would “fund less research of particular types — including research that relies heavily on expensive overhead, as cutting-edge research often does.” Additionally, Princeton wrote that the University stood to lose “significant dollars” from the policy.

Burroughs is an Obama-era appointee, and she has served as a district judge of the United States District Court for the District of Massachusetts since December 2014. Burroughs has previously presided over other high-profile cases, most notably ruling for Harvard University in Students for Fair Admissions v. Harvard University, the case that eventually resulted in the end of affirmative action.

The attempt by the DOE to slash indirect costs closely mirrors an earlier order by the National Institutes of Health to cap costs at 15 percent, which similarly prompted a lawsuit. 13 universities and several associations were among the plaintiffs, including three schools in the Ivy League — Brown University, Cornell University, and the University of Pennsylvania. While Princeton was not among the plaintiffs, University Provost Jennifer Rexford ’91 filed a declaration in support of the lawsuit.

The defendants have until April 22 to file an opposition to the motion.

Christopher Bao is a head News editor for the ‘Prince.’ He is from Princeton, N.J. and typically covers town politics and life.

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Please send any corrections to corrections[at]dailyprincetonian.com.

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