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Albany Smacks Down Feds In Final Round Of Energy Funding Fight

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Published on April 02, 2026
Albany Smacks Down Feds In Final Round Of Energy Funding FightSource: Wikipedia/Chron-Paul, CC BY-SA 4.0, via Wikimedia Commons

New York just closed the books on a year-long legal brawl over federal energy dollars, and the state came out on top. On Thursday, Attorney General Letitia James announced what she called a final victory after the U.S. Department of Energy backed off a policy that would have capped reimbursement for administrative and fringe costs. The department also agreed to drop its appeal, locking in a federal court ruling that had already struck the policy down and keeping money flowing to programs that help families cut energy bills, weatherize homes and keep the staff who run those services on the job.

Federal Retreat Ends Appeal

The Department of Energy has now formally walked away from the contested cap and agreed to dismiss its appeal, according to a press release from the Office of the New York State Attorney General. A joint stipulation filed in the U.S. Court of Appeals for the Ninth Circuit shows both sides agreed to a voluntary dismissal, with each paying its own costs. That move leaves the lower court's judgment intact and, at least for now, brings the dispute to a close.

Court Had Already Struck Down The Cap

The fight began after DOE issued Policy Flash 2025-25, which tried to limit reimbursement of indirect and fringe benefit costs to 10 percent of an award. The U.S. District Court for the District of Oregon concluded that change clashed with existing federal grant rules. In November 2025, the court granted summary judgment to the states, finding the policy unlawful under the Administrative Procedure Act, as laid out in its opinion. The ruling vacated DOE's attempt to override negotiated indirect cost rates and set the case on a path to final judgment unless the agency pressed its appeal.

What It Meant For New York

State officials warned that New York's State Energy Program would have taken a serious hit. The Attorney General's office estimated that one grant alone stood to lose roughly 1.6 million dollars and that about 26 staff positions could have been put at risk. NYSERDA and other agencies stressed that negotiated indirect cost rates pay for administration, staffing and weatherization work that directly reaches households.

Legal Takeaway

The Oregon decision zeroed in on both procedural and substantive limits on agency rulemaking, holding that DOE's across-the-board cap conflicted with existing grant regulations and was therefore reviewable and unlawful. With DOE's decision to rescind the policy and drop its appeal, that district court judgment remains the controlling word in this dispute, at least in the near term.

Broader Implications

Courts have recently pushed back on similar attempts by federal agencies to impose blanket limits on indirect costs, and energy and environment reporters have pointed to this case as part of a broader wave of litigation over federal grant rules. For more on the multistate coalition that brought the lawsuit and its earlier success, see Hoodline's coverage of the coalition's courtroom win last fall.

Attorney General James has framed the outcome as a win for both families and workers who rely on state energy programs to lower bills and prepare homes for increasingly extreme weather. For now, states can keep planning around previously negotiated funding terms instead of scrambling to absorb a surprise across-the-board cut.