Case: Association of American Universities v. Department of Energy

1:25-cv-10912 | U.S. District Court for the District of Massachusetts

Filed Date: April 14, 2025

Case Ongoing

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Case Summary

This case challenged the Trump Administration's Department of Energy (DOE) "policy flash" on April 11, 2025, which set a universal cap on indirect funding costs for institutions of higher education. Previously, the DOE dispersed funds based on both direct and indirect expenses already incurred by the institutions in the research process. Direct costs are those readily traceable to a specific project, while indirect costs are those that support multiple research projects. These indirect costs in…

This case challenged the Trump Administration's Department of Energy (DOE) "policy flash" on April 11, 2025, which set a universal cap on indirect funding costs for institutions of higher education. Previously, the DOE dispersed funds based on both direct and indirect expenses already incurred by the institutions in the research process. Direct costs are those readily traceable to a specific project, while indirect costs are those that support multiple research projects. These indirect costs include facility and administration costs and are generally known as "F&A costs."  Before the policy flash, research institutions had varying amounts of indirect cost reimbursement rates (expressed as a rate that is multiplied by the direct costs of a project) that could range as high as 60 percent for facility-intensive types of research. In the policy flash, the DOE set a 15 percent indirect cost rate for all grant awards to institutions. 

On April 14, 2025, the plaintiffs--multiple organizations and several public and private universities--filed this lawsuit in the U.S. District Court for the District of Massachusetts. Represented by private counsel, including former (Bush Administration) Solicitor General Paul Clement, the plaintiffs sued the DOE and its Secretary in his official capacity. The plaintiffs alleged that the DOE violated the Administrative Procedure Act (APA) by failing to act under 2 C.F.R. § 200.414(c)(1), which states negotiated indirect cost rates "must be accepted by all Federal Agencies." The complaint also alleged that the action violated the APA by unlawfully terminating existing grants and by illegally departing from cost recovery regulations. Finally, the plaintiffs alleged that the action was arbitrary and capricious, violated the DOE's authorizing statutes, and was in excess of DOE's statutory authority since it would operate retroactively. 

The plaintiffs asked the court to vacate the policy, issue a declaratory judgment finding the policy invalid, issue a preliminary injunction preventing the defendants from enforcing the policy, award the plaintiffs attorneys' fees, and award any other equitable relief deemed proper by the court. On the same day as they filed their complaint, the plaintiffs also sought a Temporary Restraining Order (TRO).

The case was assigned to District Judge Allison D. Burroughs, who on April 16, 2025, granted a TRO that was to remain in effect until April 30. Judge Burroughs found that without the TRO, the plaintiffs would sustain immediate and irreparable injury before the court could hear from all the parties in the case. 2025 WL 1119791.

On April 29, one day before the TRO was set to expire, Judge Burroughs extended the TRO to remain in effect until the court resolved the plaintiffs' request for a preliminary injunction. On May 15, the judge granted the plaintiffs' request for a preliminary injunction. The court found that it had jurisdiction since the plaintiffs' complaint primarily sounded in federal statutes rather than in contract. The court also found that the plaintiffs were likely to succeed on their claims that the policy was arbitrary and capricious, conflicted with existing regulations, and was impermissibly retroactive. Given these findings, the court issued a universal preliminary injunction preventing the defendants from taking any further steps to implement the policy with regard to any grant recipients until the court issued a further order. 2025 WL 1414135. 

On June 27, the defendants filed an unopposed motion to convert the preliminary injunction into a final judgment. The defendants submitted that there were no other facts or legal arguments for the court to review. While they disagreed with the court's decision, the defendants said that entering a final judgment would facilitate prompt and efficient review by the United States Court of Appeals for the First Circuit on their appeal. The court entered final judgment on June 30. 

The case is ongoing. 

Summary Authors

Jeremiah Price (5/28/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69887783/parties/association-of-american-universities-v-department-of-energy/


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Documents in the Clearinghouse

Document
1

1:25-cv-10912

Complaint

April 14, 2025

April 14, 2025

Complaint
3

1:25-cv-10912

Motion for a Temporary Restraining Order

April 14, 2025

April 14, 2025

Pleading / Motion / Brief
34

1:25-cv-10912

Order Granting Plaintiffs' Motion for a Temporary Restraining Order

April 16, 2025

April 16, 2025

Order/Opinion

2025 WL 1119791

62

1:25-cv-10912

Memorandum and Order

May 15, 2025

May 15, 2025

Order/Opinion

2025 WL 1414135

71

1:25-cv-10912

Final Judgment

June 30, 2025

June 30, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69887783/association-of-american-universities-v-department-of-energy/

Last updated Aug. 19, 2025, 4:40 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Department of Energy, Chris Wright Filing fee: $ 405, receipt number AMADC-10948906 (Fee Status: Filing Fee paid), filed by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form, # 3 Summons, # 4 Summons)(Pillay, Shoba) (Entered: 04/14/2025)

1 Civil Cover Sheet

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2 Category Form

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3 Summons

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4 Summons

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April 14, 2025

April 14, 2025

Clearinghouse

Order on Motion for Leave to File Excess Pages

April 14, 2025

April 14, 2025

PACER

Notice of Case Assignment

April 14, 2025

April 14, 2025

PACER
2

EXHIBIT re 1 Complaint,, by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 9, # 9 Exhibit 10, # 10 Exhibit 11, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17, # 17 Exhibit 18, # 18 Exhibit 19, # 19 Exhibit 20)(Pillay, Shoba) (Entered: 04/14/2025)

1 Exhibit 2

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2 Exhibit 3

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3 Exhibit 4

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4 Exhibit 5

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5 Exhibit 6

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6 Exhibit 7

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7 Exhibit 8

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8 Exhibit 9

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9 Exhibit 10

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10 Exhibit 11

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11 Exhibit 12

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12 Exhibit 13

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13 Exhibit 14

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14 Exhibit 15

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15 Exhibit 16

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16 Exhibit 17

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17 Exhibit 18

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18 Exhibit 19

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19 Exhibit 20

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April 14, 2025

April 14, 2025

RECAP
3

MOTION for Temporary Restraining Order by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Proposed Order)(Pillay, Shoba) (Entered: 04/14/2025)

1 Proposed Order

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April 14, 2025

April 14, 2025

Clearinghouse
4

MOTION for Leave to File Excess Pages / Motion for Leave to File Memorandum Exceeding Twenty Pages by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Proposed Order)(Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
5

ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (NMC) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
6

Summons Issued as to Department of Energy, Chris Wright. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (NMC) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
7

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 4 Motion for Leave to File Memorandum Exceeding Twenty Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (KF) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
8

CORPORATE DISCLOSURE STATEMENT by Association of American Universities. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
9

CORPORATE DISCLOSURE STATEMENT by American Council on Education. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
10

CORPORATE DISCLOSURE STATEMENT by Association of Public and Land-Grant Universities. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
11

CORPORATE DISCLOSURE STATEMENT by Brown University. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
12

CORPORATE DISCLOSURE STATEMENT by California Institute of Technology. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
13

CORPORATE DISCLOSURE STATEMENT by Board of Trustees of the University of Illinois. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
14

CORPORATE DISCLOSURE STATEMENT by Massachusetts Institute of Technology. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
15

CORPORATE DISCLOSURE STATEMENT by Board of Trustees of Michigan State University. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
16

CORPORATE DISCLOSURE STATEMENT by Trustees of Princeton University. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
17

CORPORATE DISCLOSURE STATEMENT by University of Rochester. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
18

CORPORATE DISCLOSURE STATEMENT by Regents of the University of Michigan. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
19

MEMORANDUM in Support re 3 MOTION for Temporary Restraining Order filed by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

RECAP
20

MOTION for Leave to Appear Pro Hac Vice for admission of Anjali Motgi Filing fee: $ 125, receipt number AMADC-10949809 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
21

MOTION for Leave to Appear Pro Hac Vice for admission of Ishan K. Bhabha Filing fee: $ 125, receipt number AMADC-10949813 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
22

MOTION for Leave to Appear Pro Hac Vice for admission of Lindsay Harrison Filing fee: $ 125, receipt number AMADC-10949818 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
23

MOTION for Leave to Appear Pro Hac Vice for admission of Lauren J. Hartz Filing fee: $ 125, receipt number AMADC-10949838 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
24

MOTION for Leave to Appear Pro Hac Vice for admission of Zachary C. Schauf Filing fee: $ 125, receipt number AMADC-10949850 by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
25

EXHIBIT re 1 Complaint,, by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Pillay, Shoba) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

RECAP
26

NOTICE of Appearance by Nicole M. O'Connor on behalf of Department of Energy, Chris Wright (O'Connor, Nicole) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

RECAP

Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear

April 15, 2025

April 15, 2025

PACER
27

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 20, 21, 22, 23, and 24 Motions for Leave to Appear Pro Hac Vice. Added Anjali Motgi, Ishan K. Bhabha, Lindsay Harrison, Lauren J. Hartz, and Zachary C. Schauf. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (CAM) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
28

NOTICE of Appearance by Ishan Bhabha on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Bhabha, Ishan) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
29

NOTICE of Appearance by Lindsay C. Harrison on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Harrison, Lindsay) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
30

NOTICE of Appearance by Lauren J. Hartz on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Hartz, Lauren) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
31

NOTICE of Appearance by Zachary C. Schauf on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Schauf, Zachary) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
32

NOTICE of Appearance by Shoba Pillay on behalf of Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan (Pillay, Shoba) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
33

NOTICE by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan re 3 MOTION for Temporary Restraining Order, 19 Memorandum in Support of Motion,, (Attachments: # 1 Declaration of Kavita Bala, Ph.D., # 2 Declaration of Douglas A. Gage)(Harrison, Lindsay) (Entered: 04/15/2025)

1 Declaration of Kavita Bala, Ph.D.

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2 Declaration of Douglas A. Gage

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April 15, 2025

April 15, 2025

RECAP
34

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiffs' motion for a temporary restraining order, [ECF No. 3 ], is GRANTED. Defendants' opposition to the Motion is due by Tuesday, April 22, 2025. Plaintiffs may file a reply brief, limited to ten pages in length, by Friday, April 25, 2025. Counsel shall appear in-person for a hearing on the Motion at 11:00 AM on Monday, April 28, 2025 in Courtroom 17. (CAM) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

Clearinghouse
35

MOTION for Leave to Appear Pro Hac Vice for admission of James Y. Xi Filing fee: $ 125, receipt number AMADC-10956680 by Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities.(Pillay, Shoba) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
36

MOTION for Leave to Appear Pro Hac Vice for admission of Kyle R. Eiswald Filing fee: $ 125, receipt number AMADC-10956694 by Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities.(Pillay, Shoba) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
37

MOTION for Leave to Appear Pro Hac Vice for admission of Paul D. Clement Filing fee: $ 125, receipt number AMADC-10956706 by Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities.(Pillay, Shoba) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
38

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 35 Motion for Leave to Appear Pro Hac Vice Added James Y. Xi. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(CAM) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER

Order on Motion for Leave to Appear

April 17, 2025

April 17, 2025

PACER
39

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 36 Motion for Leave to Appear Pro Hac Vice Added Kyle R. Eiswald. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (CAM) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
40

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 37 Motion for Leave to Appear Pro Hac Vice Added Paul D. Clement. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (CAM) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
41

NOTICE of Appearance by Paul D Clement on behalf of Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities (Clement, Paul) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
42

NOTICE of Appearance by James Xi on behalf of Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities (Xi, James) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
43

NOTICE of Appearance by Kyle Raymond Eiswald on behalf of Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities (Eiswald, Kyle) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
44

MOTION for Leave to File Excess Pages by Department of Energy, Chris Wright.(O'Connor, Nicole) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
45

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 44 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (KF) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER

Order on Motion for Leave to File Excess Pages

April 18, 2025

April 18, 2025

PACER
46

RESPONSE TO COURT ORDER by Department of Energy, Chris Wright re 34 Order,, Set Motion and R&R Deadlines/Hearings,, Terminate Motions,, Set Hearings, . (O'Connor, Nicole) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

RECAP
47

Opposition re 3 MOTION for Temporary Restraining Order filed by Department of Energy, Chris Wright. (O'Connor, Nicole) (Main Document 47 replaced on 4/23/2025) (KF). (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

RECAP
48

DECLARATION re 47 Opposition to Motion by Department of Energy, Chris Wright. (Attachments: # 1 Exhibit A (Policy Flash), # 2 Exhibit B (April 11, 2025 Statement), # 3 Exhibit C (Assistance Agreement - WUSL), # 4 Exhibit D (Rate Agreement - WUSL), # 5 Exhibit E (Terms and Conditions - WUSL), # 6 Exhibit F (Assistance Agreement - Iowa), # 7 Exhibit G (Rate Agreement - Iowa), # 8 Exhibit H (Terms and Conditions - Iowa), # 9 Exhibit I (Notification Letter))(O'Connor, Nicole) (Entered: 04/22/2025)

1 Exhibit A (Policy Flash)

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2 Exhibit B (April 11, 2025 Statement)

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3 Exhibit C (Assistance Agreement - WUSL)

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4 Exhibit D (Rate Agreement - WUSL)

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5 Exhibit E (Terms and Conditions - WUSL)

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6 Exhibit F (Assistance Agreement - Iowa)

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7 Exhibit G (Rate Agreement - Iowa)

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8 Exhibit H (Terms and Conditions - Iowa)

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9 Exhibit I (Notification Letter)

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April 22, 2025

April 22, 2025

RECAP
49

Notice of correction to docket made by Court staff. Correction: docket entry 47 corrected to replace with correct document. (KF) (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER

Notice of correction to docket made by Court staff

April 23, 2025

April 23, 2025

PACER
50

MOTION for Leave to File Excess Pages Reply Memorandum Exceeding Ten Pages by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan.(Harrison, Lindsay) Filing event, docket text modified on 4/24/2025 (CAM). (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER

Order on Motion for Leave to File Excess Pages

April 24, 2025

April 24, 2025

PACER
51

NOTICE of Appearance by Brian Lea on behalf of Department of Energy, Chris Wright (Lea, Brian) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
52

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 50 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (CAM) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER
53

REPLY to Response to 3 MOTION for Temporary Restraining Order filed by Board of Trustees of Michigan State University, Trustees of Princeton University, University of Rochester, Association of American Universities, American Council on Education, Association of Public and Land-Grant Universities, Brown University, California Institute of Technology, Cornell University, Board of Trustees of the University of Illinois, Massachusetts Institute of Technology, Regents of the University of Michigan. (Attachments: # 1 Exhibit 1 - Declaration of Sally Morton)(Harrison, Lindsay) (Entered: 04/25/2025)

1 Exhibit 1 - Declaration of Sally Morton

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April 25, 2025

April 25, 2025

PACER
54

Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Hearing on Motion held on 4/28/2025. Oral argument by the parties. Court takes matter under advisement. TRO will stay in effect while motion is under advisement. (Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Bhabha, Clement, Xi, Pillay, Lea, O'Connor) (KF) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER

Hearing - Other

April 28, 2025

April 28, 2025

PACER
55

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On April 16, 2025, this Court granted Plaintiffs' motion for a temporary restraining order. [ECF No. 34 ]. That temporary restraining order is set to expire on April 30, 2025. Fed. R. Civ. P. 65(b)(2). Based on the April 28, 2025 motion hearing, the Court finds that good cause exists to extend the temporary restraining order, which will remain in effect until a further order is issued resolving the request for a preliminary injunction. (CAM) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER

Order

April 29, 2025

April 29, 2025

PACER

Notice of Filing of Official Transcript

April 29, 2025

April 29, 2025

PACER
56

Transcript of Hearing held on April 28, 2025, before Judge Allison D. Burroughs. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 5/20/2025. Redacted Transcript Deadline set for 5/30/2025. Release of Transcript Restriction set for 7/28/2025. (DRK) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
57

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
58

STATUS REPORT by Department of Energy, Chris Wright. (O'Connor, Nicole) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

RECAP
59

NOTICE by Department of Energy, Chris Wright of Filing Supplemental Declaration (O'Connor, Nicole) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

RECAP
60

DECLARATION re 59 Notice (Other) by Department of Energy, Chris Wright. (Attachments: # 1 Exhibit Washington Univ at St Louis NICRA, # 2 Exhibit Univ Wisconsin Madison NICRA, # 3 Exhibit MIT NICRA)(O'Connor, Nicole) (Entered: 05/02/2025)

1 Exhibit Washington Univ at St Louis NICRA

View on PACER

2 Exhibit Univ Wisconsin Madison NICRA

View on PACER

3 Exhibit MIT NICRA

View on RECAP

May 2, 2025

May 2, 2025

RECAP
61

Response by American Council on Education, Association of American Universities, Association of Public and Land-Grant Universities, Board of Trustees of Michigan State University, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Trustees of Princeton University, University of Rochester to 60 Declaration of Berta Schreiber. (Harrison, Lindsay) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

RECAP
62

Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the reasons sets forth (herein), Plaintiffs' motion for a preliminary injunction is GRANTED. Defendants and their officers, employees, servants, agents, appointees, and successors are hereby enjoined from implementing, instituting, maintaining, or giving effect to the Rate Cap Policy in any form with respect to IHEs nationwide until a further order is issued by this Court.SO ORDERED. (CAM) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

Clearinghouse
63

MOTION for Extension of Time to July 1, 2025 to File Answer or otherwise respond to Plaintiffs' Complaint by Department of Energy.(O'Connor, Nicole) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

PACER
64

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 63 Motion for Extension of Time to Answer. Department of Energy answer due 7/1/2025. (KF) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

PACER

Order on Motion for Extension of Time to Answer

June 13, 2025

June 13, 2025

PACER
65

MOTION for Leave to Appear Pro Hac Vice for admission of Elizabeth Henthorne Filing fee: $ 125, receipt number AMADC-11086776 by American Council on Education, Association of American Universities, Association of Public and Land-Grant Universities, Board of Trustees of Michigan State University, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Trustees of Princeton University, University of Rochester.(Pillay, Shoba) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

PACER
66

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 65 Motion for Leave to Appear Pro Hac Vice Added Elizabeth Henthorne. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (CAM) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER

Order on Motion for Leave to Appear

June 26, 2025

June 26, 2025

PACER
67

NOTICE of Appearance by Elizabeth Henthorne on behalf of American Council on Education, Association of American Universities, Association of Public and Land-Grant Universities, Board of Trustees of Michigan State University, Board of Trustees of the University of Illinois, Brown University, California Institute of Technology, Cornell University, Massachusetts Institute of Technology, Regents of the University of Michigan, Trustees of Princeton University, University of Rochester (Henthorne, Elizabeth) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

PACER
68

MOTION Entry of Final Judgment (unopposed) by Department of Energy, Chris Wright. (Attachments: # 1 Text of Proposed Order Proposed Order)(O'Connor, Nicole) (Entered: 06/27/2025)

1 Text of Proposed Order Proposed Order

View on PACER

June 27, 2025

June 27, 2025

RECAP
69

Joint MOTION to Stay All Deadlines by Department of Energy, Chris Wright. (Attachments: # 1 Text of Proposed Order Order to Stay All Deadlines)(O'Connor, Nicole) (Entered: 06/27/2025)

1 Text of Proposed Order Order to Stay All Deadlines

View on RECAP

June 27, 2025

June 27, 2025

RECAP
70

Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING 68 Unopposed Motion for Entry of Final Judgment ; finding as moot 69 Motion to Stay. (CAM) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

PACER

Order on Motion for Miscellaneous Relief AND Order on Motion to Stay

June 30, 2025

June 30, 2025

PACER
71

Judge Allison D. Burroughs: ORDER entered. FINAL JUDGMENT. (CAM) (Entered: 06/30/2025)

June 30, 2025

June 30, 2025

RECAP
72

NOTICE OF APPEAL as to 71 Judgment, 62 Memorandum & ORDER,, by Department of Energy, Chris Wright. Fee Status: US Government. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 8/20/2025. (O'Connor, Nicole) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

RECAP

USCA Case Number

July 31, 2025

July 31, 2025

PACER
73

Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re 72 Notice of Appeal. (MAP) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

RECAP
74

USCA Case Number 25-1727 for 72 Notice of Appeal, filed by Department of Energy, Chris Wright. (MAP) (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

PACER

Case Details

State / Territory: Massachusetts

Case Type(s):

Presidential/Gubernatorial Authority

Education

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Spending Freezes/Cuts)

Trump Administration 2.0: Challenges to the Government (Grant/Contract rescissions, Defunding or Other Threats against Private Entities )

Key Dates

Filing Date: April 14, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Multiple associations and organizations that focus on education and research, along with several public and private universities.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Jenner & Block

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Energy (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

National / Universal injunction

Order Duration: 2025 - None

Issues

General/Misc.:

Funding

Government services

Public assistance grants

Public benefits (includes, e.g., in-state tuition, govt. jobs)