ASPPH News

EXPLORE THE FRIDAY LETTER

EXPLORE
PRESSROOM
VIEW
EVENTS
ACCESS
BE THE FIRST TO KNOW
SUBSCRIBE

Temporary Restraining Order Extended as Legal Battle Over NIH’s F&A Cost Cap Advances

Exterior of John Joseph Moakley United States Courthouse with a brick facade modern glass building and an American flag flying

ASPPH remains committed to the legal challenge against the NIH policy that limits Facilities and Administration (F&A) costs for grants to 15 percent. With a Temporary Restraining Order (TRO) still in effect, the lawsuit is progressing as ASPPH pushes for adequate funding to support public health research. Last week, Tim Leshan, our Chief External Relations and Advocacy Officer, attended a key hearing—an action that further underscores our dedication to policies that protect and advance public health research.

At the hearing, U.S. District Judge Angel Kelley of the Federal District Court in Boston reaffirmed the TRO, preventing NIH from enforcing the cap while she deliberates on the case. This decision ensures no immediate disruptions to research funding during the legal proceedings.

At the hearing, the Massachusetts Attorney General’s office argued that the policy was enacted without proper notice and violated the 2017 appropriations law. Government representatives countered that the cap fell within contract law parameters and did not cause immediate harm.

Leshan’s presence underscored ASPPH’s commitment to advocacy and its dedication to supporting member institutions. Following the hearing, Leshan spoke with STAT to highlight the potential negative impact of the cap on research infrastructure and funding.

A ruling from Judge Kelley is expected within the next few weeks. If a permanent injunction is granted, it will remain in effect until a trial, though the government retains the right to appeal.