Democratic AGs Sue Over Energy Program Funding Caps

Cozen O'Connor
Contact
LinkedIn
Facebook
X
Send
Embed

Cozen O'Connor

  • A group of 18 Democratic AGs and the Governors of Pennsylvania and Kentucky sued the U.S. Department of Energy (DOE) to block a new DOE policy that caps funding for indirect costs and fringe benefits for state-run energy programs.
  • Indirect costs include shared operational expenses, like the costs of operating a facility or funding staff who work across multiple projects. Fringe benefits refer to staff costs apart from salaries, like health insurance and retirement contributions.
  • In the complaint, the plaintiffs argue that these basic administrative and staffing costs have historically been uncapped, that the DOE policy violates federal regulations that require agencies to honor pre-negotiated indirect cost rates between states and the federal government, and that similar funding caps have recently been struck down by federal courts. Plaintiffs allege that the DOE policy violates the Administrative Procedures Act because it is contrary to the law, and arbitrary and capricious.
  • The plaintiffs seek declaratory and injunctive relief, and attorneys’ fees and costs, among other relief.
Send Print Report

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Cozen O'Connor

Written by:

Cozen O'Connor
Cozen O'Connor
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Cozen O'Connor on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign Up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide