WASHINGTON, D.C. — On Thursday, January 16, the Hamilton Lincoln Law Institute (HLLI) filed a lawsuit on behalf of the National Association of Scholars, challenging the Department of Energy’s mandate requiring Office of Science research grant applications to include a Promoting Inclusive and Equitable Research (PIER) plan.
According to the Department of Energy’s grant application guidelines, all submissions must include a PIER plan, which compels applicants to “describe the strategies and activities of the applicant to promote equity and inclusion as an integrated element of the research and development project.”
HLLI’s lawsuit contends that this requirement violates the First Amendment by compelling speech and therefore imposes unconstitutional conditions on government research grants.
Additionally, the PIER mandate is unlawful because it is not authorized by the statutes governing Department of Energy research funding, which makes it ultra vires, or outside legal authority. Additionally, the requirement was not implemented through the required notice-and-comment process under the Administrative Procedure Act (APA), which further undermines the PIER plan’s legality.
The illegal PIER plan prioritizes group identity and ‘equity’ rather than the principles of equal opportunity, nondiscrimination, and merit. The PIER requirement undermines sound public policy and scientific advancement by compelling researchers to prioritize irrelevant Diversity Equity and Inclusion (DEI) factors instead of focusing on substantive scientific research and discourages highly qualified researchers from pursuing Department of Energy grant funding.
HLLI attorney Ned Hedley expressed confidence in the case’s outcome, stating, “I am hopeful that the incoming administration will respond by eliminating discriminatory DEI practices when it comes to scientific research funding, but regardless, I am confident the court will rule in the National Association of Scholars’s favor and halt the Department of Energy from requiring a PIER plan with its grant applications. I look forward to the Department of Energy’s grant program returning to merit, nondiscrimination, and rewarding the most qualified applicants.”
HLLI intends to file a motion in the coming days seeking to enjoin the Department of Energy from continuing the implementation of the PIER plan requirement for scientific grant applications.
For more information about this case, please see our complaint, our case page or contact the attorney below:
Ned Hedley, Attorney 312-342-6008, ned.hedley@hlli.org.
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The Hamilton Lincoln Law Institute is a public interest law firm dedicated to battling the progressive left’s agenda by defending civil liberties, countering government overreach, and fighting class action abuse.
As a nonprofit, tax-exempt organization as defined by section 501(c)(3) of the Internal Revenue Code, HLLI relies on support from individuals and foundations that share a commitment to individual liberty, free enterprise, and limited government. To learn more, visit http://www.hlli.org.