Case: Public Citizen, Inc. v. Trump

1:17-cv-00253 | U.S. District Court for the District of Columbia

Filed Date: Feb. 8, 2017

Closed Date: Dec. 20, 2019

Clearinghouse coding complete

Case Summary

On February 8, 2017, three organizations—Public Citizen, Inc., Natural Resources Defense Council, Inc., and Communications Workers of America—filed this lawsuit against the United States of America, President Donald Trump, and 14 federal agencies, in the U.S. District Court for the District of Columbia. The case was assigned to Judge Randolph D. Moss.One week prior, on January 30, President Trump had signed Executive Order 13771.The order instructed federal agencies to rescind at least two exis…

On February 8, 2017, three organizations—Public Citizen, Inc., Natural Resources Defense Council, Inc., and Communications Workers of America—filed this lawsuit against the United States of America, President Donald Trump, and 14 federal agencies, in the U.S. District Court for the District of Columbia. The case was assigned to Judge Randolph D. Moss.

One week prior, on January 30, President Trump had signed Executive Order 13771.The order instructed federal agencies to rescind at least two existing regulations for every new regulation issued, and to ensure that the costs of new regulations were offset by the rescinded regulations. All regulations promulgated during fiscal year 2017 were required to have net costs of $0, regardless of benefits. The plaintiffs sought a declaration that Executive Order 13771 violated the Take Care Clause, exceeded Article II presidential power, and infringed on legislative authority, and was therefore invalid. They sought a declaration that the agencies could not lawfully implement or comply with the order, and sought an injunction preventing them from complying with the order. They argued that the order’s requirements would harm the people of the United States, and that the decision-making process required by this order was arbitrary and capricious, in violation of the Administrative Procedure Act.

On April 21, 2017 the plaintiffs amended their complaint. The government filed a motion to dismiss on May 12, and on May 15 the plaintiffs moved for summary judgment. On February 26, 2018 the court granted the government’s motion to dismiss, denying the plaintiffs’ motion for summary judgment. 297 F. Supp. 3d 6. It found that the plaintiffs had failed to meet their burden of establishing standing to sue: they had failed to allege that the order would “substantially increase the risk” of harm to any of their members.

The plaintiffs filed a second amended complaint two months later on April 20, 2018. On June 4, California and Oregon intervened as plaintiffs, arguing that they had “unique interests in the health and well-being of their citizens, natural resources, infrastructure, institutions, and economies” which could not be adequately represented by the non-governmental plaintiffs in the case. The following year, on February 8, 2019, the court denied the government’s motion to dismiss the second amended complaint: the plaintiffs had demonstrated standing to sue, sufficient to survive a motion to dismiss. 361 F. Supp. 3d 60. However, the court simultaneously denied the plaintiffs’ motion for partial summary judgment: they had “done enough to stay afloat but not enough to move forward.” Because there was still doubt as to standing, and therefore as to the court’s jurisdiction, the court denied the states’ motion to intervene as premature, indicating that they could renew their motion if the court ultimately found it had jurisdiction.

But on December 20, 2019 the court granted the government’s summary judgment motion, holding that the plaintiffs had failed to adequately establish standing. It found that although the court had previously “provided Plaintiffs with three opportunities to meet this burden and, most recently, allowed Plaintiffs to take focused discovery in aid of establishing jurisdiction,” the plaintiffs had still “failed to carry their burden.” 435 F. Supp. 3d 144.

The plaintiffs did not appeal the court’s decision; the case is now closed.

Summary Authors

Robert Carnes (11/10/2017)

Lisa Limb (3/23/2019)

Bogyung Lim (8/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4582144/parties/public-citizen-inc-v-trump/


Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Calemine, Guerino J. III (District of Columbia)

Goldman, Patti A. (Washington)

Nelson, Scott Lawrence (District of Columbia)

Segal, Cecilia D. (California)

Sherman, Sean M. (District of Columbia)

Wall, Michael Edwin (California)

Zieve, Allison Marcy (District of Columbia)

Attorneys(s) for Defendant

Bensing, Daniel (District of Columbia)

Drezner, Michael Leon (District of Columbia)

Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorneys(s) for Plaintiff

Calemine, Guerino J. III (District of Columbia)

Goldman, Patti A. (Washington)

Nelson, Scott Lawrence (District of Columbia)

Segal, Cecilia D. (California)

Sherman, Sean M. (District of Columbia)

Wall, Michael Edwin (California)

Zieve, Allison Marcy (District of Columbia)

Attorneys(s) for Defendant

Bensing, Daniel (District of Columbia)

Drezner, Michael Leon (District of Columbia)

Lynch, Christopher M (District of Columbia)

Shumate, Brett (District of Columbia)

Other Attorney(s)

Beckner, C Frederick III (District of Columbia)

Brillembourg, Clara E (District of Columbia)

Goldstein, Dax Luce (California)

Gupta, Deepak (District of Columbia)

Hansen, Greta Suzanne (California)

Hey, Elizabeth B (California)

Jaffe, Seth D (Massachusetts)

Johnson, Thomas Michael Jr. (West Virginia)

Lin, Elbert (District of Columbia)

Meyer, Katherine A (District of Columbia)

Morris, Ryan C (District of Columbia)

Parseghian, Cicely O (Massachusetts)

Peterson, Erica N. (West Virginia)

Rumsey, Elizabeth B (California)

Serrano, Lawrence Javier (California)

Williams, James Robyzad (California)

Williams [inactive], James Robyzad (California)

Documents in the Clearinghouse

Document

Docket [PACER]

PUBLIC CITIZEN, INC. v. TRUMP

Dec. 20, 2019 Docket
1

Complaint for Declaratory and Injunctive Relief

Feb. 8, 2017 Complaint
63

Memorandum Opinion and Order

297 F.Supp.3d 6

Feb. 26, 2018 Order/Opinion
67

Second Amended Complaint for Declaratory and Injunctive Relief

April 20, 2018 Complaint
85

Memorandum Opinion and Order

361 F.Supp.3d 60, 2019 WL 498528

Feb. 8, 2019 Order/Opinion
102

Memorandum Opinion

435 F.Supp.3d 144

Dec. 20, 2019 Order/Opinion

Resources

Title Description External URL

Public Citizen, Inc. v. Trump

U.S. Chamber Litigation Center

Dec. 20, 2019 https://www.chamberlitigation.com/cases/public-citizen-inc-v-trump

Public Citizen v. Trump

Public Citizen

On Feb. 8, Public Citizen, the Natural Resources Defense Council (NRDC) and the Communications Workers of America sued the Trump administration to block an executive order signed by President Donald … Dec. 20, 2019 https://www.citizen.org/article/public-citizen-v-trump/

Public Citizen v. Trump

Public Citizen

On Feb. 8, Public Citizen, the Natural Resources Defense Council (NRDC) and the Communications Workers of America sued the Trump administration to block an executive order signed by President Donald … Jan. 1, 2020 https://www.citizen.org/article/public-citizen-v-trump/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4582144/public-citizen-inc-v-trump/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

Case Assigned to Judge Gladys Kessler. (jd)

Feb. 8, 2017 PACER
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0090-4834458) filed by NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC., COMMUNICATION WORKERS OF AMERICA, AFL-CIO. (Attachments: # (1) Exhibit Exhibit A, # (2) Exhibit Exhibit B, # (3) Civil Cover Sheet, # (4) Summons, # (5) Summons, # (6) Summons, # (7) Summons, # (8) Summons, # (9) Summons, # (10) Summons, # (11) Summons, # (12) Summons, # (13) Summons, # (14) Summons, # (15) Summons, # (16) Summons, # (17) Summons, # (18) Summons, # (19) Summons, # (20) Summons)(Zieve, Allison)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Civil Cover Sheet

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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17 Summons

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18 Summons

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19 Summons

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20 Summons

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Feb. 8, 2017 RECAP
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LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests of Public Citizen, Inc. by PUBLIC CITIZEN, INC. (Zieve, Allison)

Feb. 8, 2017 PACER
3

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATURAL RESOURCES DEFENSE COUNCIL, INC. (Zieve, Allison)

Feb. 8, 2017 PACER
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SUMMONS (17) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # (1) Consent Forms)(jd)

1 Consent Forms

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Feb. 8, 2017 PACER

Case randomly reassigned to Judge Randolph D. Moss. Judge Gladys Kessler is no longer assigned to the case. (ztnr)

Feb. 24, 2017 PACER
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STANDING ORDER: The parties are hereby ORDERED to comply with the directives set out in the attached Standing Order. Signed by Judge Randolph D. Moss on 2/24/2017. (lcrdm1, )

Feb. 24, 2017 PACER
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NOTICE of Appearance by Patti A. Goldman on behalf of COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC. (Goldman, Patti)

March 9, 2017 PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/8/2017. Answer due for ALL FEDERAL DEFENDANTS by 4/9/2017. (Zieve, Allison)

March 10, 2017 PACER
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NOTICE of Appearance by Scott Lawrence Nelson on behalf of All Plaintiffs (Nelson, Scott)

April 10, 2017 RECAP
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MOTION to Dismiss by GRACE BOCHENEK, ELAINE CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # (1) Memorandum in Support, # (2) Exhibit, # (3) Text of Proposed Order)(Bensing, Daniel)

1 Memorandum in Support

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2 Exhibit

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3 Text of Proposed Order

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April 10, 2017 RECAP
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NOTICE of Appearance by Michael Leon Drezner on behalf of All Defendants (Drezner, Michael)

April 11, 2017 PACER
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ENTERED IN ERROR.....MEMORANDUM by STATE OF WEST VIRGINIA. (Lin, Elbert) Modified on 4/18/2017 (jf).

April 17, 2017 RECAP
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AMICUS BRIEF by STATE OF ALABAMA, STATE OF ARIZONA, STATE OF ARKANSAS, STATE OF GEORGIA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF NEVADA, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF TEXAS, STATE OF WEST VIRGINIA, STATE OF WISCONSIN, STATE OF WYOMING. (jf)

April 17, 2017 RECAP
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NOTICE of Filing by GRACE BOCHENEK, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # (1) Errata Corrected Memo, # (2) Errata Corrected Memo Redline)(Bensing, Daniel)

1 Errata Corrected Memo

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2 Errata Corrected Memo Redline

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April 19, 2017 RECAP
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AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC., COMMUNICATION WORKERS OF AMERICA, AFL-CIO. (Attachments: # (1) Redline comparison, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C)(Zieve, Allison)

1 Redline comparison

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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April 21, 2017 PACER

MINUTE ORDER: In light of the filing of Plaintiffs' Amended Complaint 14, Defendants' Motion to Dismiss 9 is hereby DENIED as moot. See Barnes v. District of Columbia, 42 F. Supp. 3d 111, 117 (D.D.C. 2014) ("When a plaintiff files an amended complaint as of right within 21 days after the filing of the motion to dismiss under Rule 12(b),... the amended complaint becomes the operative pleading... and any pending motion to dismiss becomes moot."). This disposition is without prejudice, and Defendants may reassert any or all of the arguments previously raised in a renewed motion to dismiss directed at the now-operative complaint. Defendants are hereby ORDERED to answer or otherwise respond to Plaintiffs' amended complaint on or before May 12, 2017. Signed by Judge Randolph D. Moss on 4/25/2017. (lcrdm1, )

April 25, 2017 PACER

Set/Reset Deadlines: Defendants are to answer or otherwise respond to Plaintiffs' amended complaint on or before 5/12/2017. (kt)

April 25, 2017 PACER
15

MOTION to Dismiss First Amended Complaint by GRACE BOCHENEK, ELAINE CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # (1) Memorandum in Support, # (2) Text of Proposed Order)(Drezner, Michael)

1 Memorandum in Support

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2 Text of Proposed Order

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May 12, 2017 PACER

MINUTE ORDER: The parties are hereby ORDERED to appear for a scheduling conference on May 23, 2017, at 11:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 5/15/2017. (lcrdm1, )

May 15, 2017 PACER
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MOTION for Summary Judgment by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC. (Attachments: # (1) Text of Proposed Order, # (2) Declaration of David LeGrande, # (3) Declaration of Robert Weissman, # (4) Declaration of Andrew Wetzler, # (5) Declaration of Denise Abbott, # (6) Declaration of James Bauer, Sr., # (7) Declaration of Amanda Fleming, # (8) Declaration of Anthony So, # (9) Declaration of Jonathan Soverow, # (10) Declaration of Terri Weissman, # (11) Declaration of James Coward, # (12) Declaration of Eileen Quigley, # (13) Declaration of Gerald Winegrad, # (14) Declaration of David Hayes, # (15) Declaration of James Jones, # (16) Declaration of David Michaels, # (17) Declaration of Gregory Wagner, # (18) Declaration of Dan Reicher)(Zieve, Allison)

1 Text of Proposed Order

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2 Declaration of David LeGrande

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3 Declaration of Robert Weissman

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4 Declaration of Andrew Wetzler

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5 Declaration of Denise Abbott

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6 Declaration of James Bauer, Sr.

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7 Declaration of Amanda Fleming

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8 Declaration of Anthony So

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9 Declaration of Jonathan Soverow

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10 Declaration of Terri Weissman

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11 Declaration of James Coward

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12 Declaration of Eileen Quigley

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13 Declaration of Gerald Winegrad

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14 Declaration of David Hayes

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15 Declaration of James Jones

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16 Declaration of David Michaels

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17 Declaration of Gregory Wagner

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18 Declaration of Dan Reicher

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May 15, 2017 PACER
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NOTICE of Appearance by Sean M. Sherman on behalf of All Plaintiffs (Sherman, Sean)

May 15, 2017 PACER

Set/Reset Hearings: Initial Scheduling Conference set for 5/23/2017, at 11:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

May 16, 2017 PACER
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NOTICE of Appearance by Erica Nicole Peterson on behalf of STATE OF WEST VIRGINIA (Peterson, Erica)

May 16, 2017 PACER
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BRIEF OF AMICI CURIAE by STATE OF WEST VIRGINIA, WISCONSIN, AND 12 OTHER STATES. (Lin, Elbert) Modified on 5/22/2017 (jf).

May 19, 2017 RECAP
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MOTION for Leave to File Amicus Brief by Public Health Law Center, AMERICAN ACADEMY OF PEDIATRICS, Big Cities Health Coalition, CAMPAIGN FOR TOBACCO-FREE KIDS, CENTER FOR SCIENCE IN THE PUBLIC INTEREST, ChangeLab Solutions, Collaboration for Research Integrity and Transparency, National Association of County and City Health Officials, National Women's Health Network, PUBLIC GOOD LAW CENTER, Public Health Advocacy Institute, Public Health and Tobacco Policy Center, TRUTH INITIATIVE (Attachments: # (1) Proposed Amicus Brief, # (2) Text of Proposed Order)(Gupta, Deepak)

1 Proposed Amicus Brief

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2 Text of Proposed Order

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May 22, 2017 PACER
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MOTION to Stay Proceedings on Plaintiffs' Motion for Summary Judgment by GRACE BOCHENEK, ELAINE CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, PATRICK WARREN (Attachments: # (1) Text of Proposed Order, # (2) Memorandum in Support)(Drezner, Michael)

1 Text of Proposed Order

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2 Memorandum in Support

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May 22, 2017 PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Initial Scheduling Conference held on 5/23/2017. Scheduling Order forthcoming. The 20 Motion for Leave to File Amicus Brief is GRANTED. (Court Reporter: Jeff Hook.) (kt)

May 23, 2017 PACER

Set/Reset Deadlines: Plaintiffs opposition to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint, due on or before 6/26/2017; Defendants opposition to Plaintiffs' Motion for Summary Judgment, due on or before 6/26/2017; Defendants reply in support of their Motion to Dismiss Plaintiffs' First Amended Complaint due on or before 7/21/2017; Plaintiffs reply in support of their Motion for Summary Judgment due on or before 7/21/2017; Leave to file Amicus briefs due on or before 6/12/2017. (kt)

May 23, 2017 PACER
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SCHEDULING ORDER: (1) Defendants' Motion to Stay Proceedings on Plaintiffs' Motion for Summary Judgment, Dkt. [21], is DENIED; (2) Plaintiffs shall file their opposition to Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint, Dkt. [15], on or before June 26, 2017; (3) Defendants shall file their opposition to Plaintiffs' Motion for Summary Judgment, Dkt. [16], on or before June 26, 2017; (4) Defendants shall file their reply in support of their Motion to Dismiss Plaintiffs' First Amended Complaint on or before July 21, 2017; (5) Plaintiffs shall file their reply in support of their Motion for Summary Judgment on or before July 21, 2017; (6) Any further amici who seek to file briefs in support of Plaintiffs or Defendants shall file a motion seeking leave to file, accompanied by a proposed amicus brief, on or before June 12, 2017. See document for details. Signed by Judge Randolph D. Moss on 5/23/2017. (lcrdm1, )

May 23, 2017 RECAP
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AMICUS BRIEF by PUBLIC HEALTH LAW CENTER, AMERICAN ACADEMY OF PEDIATRICS, BIG CITIES HEALTH COALITION, CAMPAIGN FOR TOBACCOFREE KIDS, CENTER FOR SCIENCE IN THE PUBLIC INTEREST, CHANGELAB SOLUTIONS, COLLABORATION FOR RESEARCH INTEGRITY AND TRANSPARENCY, NATIONAL ASSOCIATION OF COUNTY AND CITY HEALTH OFFICIALS, NATIONAL WOMENS HEALTH NETWORK, PUBLIC GOOD LAW CENTER, PUBLIC HEALTH ADVOCACY INSTITUTE, PUBLIC HEALTH AND TOBACCO POLICY CENTER, AND TRUTH INITIATIVE. (td) Modified on 6/21/2017 (zrdj).

May 23, 2017 PACER

MINUTE ORDER: Upon consideration of the Motion of Law Professors for Leave to File a Brief as Amici Curiae 24, the motion is hereby GRANTED. The amicus brief, Dkt. 24-3, is deemed FILED. Signed by Judge Randolph D. Moss on 5/24/2017. (lcrdm1, )

May 24, 2017 PACER
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NOTICE of Appearance by Katherine A. Meyer on behalf of VICTOR B. FLATT, Alyson Flournoy, Robert L. Glicksman, Thomas O. McGarity, Sidney Shapiro, Amy Sinden, Karen Sokol, Rena Steinzor, Joseph P. Tomain, Robert R.M. Verchick (Meyer, Katherine)

May 24, 2017 PACER
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MOTION for Leave to File a Brief as Amici Curiae in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss and in Support of Plaintiffs' Motion for Summary Judgment by VICTOR B. FLATT, Alyson Flournoy, Robert L. Glicksman, Thomas O. McGarity, Sidney Shapiro, Amy Sinden, Karen Sokol, Rena Steinzor, Joseph P. Tomain, Robert R.M. Verchick (Attachments: # (1) Exhibit, # (2) Text of Proposed Order, # (3) Exhibit Amicus Brief in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss and in Support of Plaintiffs' Motion for Summary Judgment)(Meyer, Katherine)

May 24, 2017 PACER

MINUTE ORDER: Upon consideration of the Motion of Law Professors for Leave to File a Brief as Amici Curiae 24, the motion is hereby GRANTED. The amicus brief, Dkt. 24 -3, is deemed FILED. Signed by Judge Randolph D. Moss on 5/24/2017. (lcrdm1, )

May 24, 2017 PACER
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AMICUS BRIEF by VICTOR B. FLATT, ALYSON FLOURNOY, ROBERT L. GLICKSMAN, THOMAS O. MCGARITY, SIDNEY SHAPIRO, AMY SINDEN, KAREN SOKOL, RENA STEINZOR, JOSEPH P. TOMAIN, ROBERT R.M. VERCHICK. (td)

May 24, 2017 RECAP

MINUTE ORDER: Upon consideration of the Unopposed Motion of the Union of Concerned Scientists for Leave to File Amicus Curiae Brief 28, the motion is hereby GRANTED. The amicus brief, Dkt. 28-1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/5/2017. (lcrdm1, )

June 5, 2017 PACER

MINUTE ORDER: Upon consideration of the Motion for Admission Pro Hac Vice 30, it is hereby ORDERED that the motion is GRANTED. Cicely O. Parseghian is hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/5/2017. (lcrdm1, )

June 5, 2017 PACER
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NOTICE of Appearance by Clara E. Brillembourg on behalf of UNION OF CONCERNED SCIENTISTS (Brillembourg, Clara)

June 5, 2017 PACER
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Unopposed MOTION for Leave to File Amicus Curiae Brief by UNION OF CONCERNED SCIENTISTS (Attachments: # (1) Exhibit Proposed Amicus Brief of Union of Concerned Scientists, # (2) Exhibit Proposed Order)(Brillembourg, Clara)

1 Exhibit Proposed Amicus Brief of Union of Concerned Scientists

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2 Exhibit Proposed Order

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June 5, 2017 PACER

MINUTE ORDER: Upon consideration of the Unopposed Motion of the Union of Concerned Scientists for Leave to File Amicus Curiae Brief 28, the motion is hereby GRANTED. The amicus brief, Dkt. 28 -1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/5/2017. (lcrdm1, )

June 5, 2017 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Seth Jaffe, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard Boston, MA 02210. Phone No. - 617-832-1203. Fax No. - 617-832-7000 Filing fee $ 100, receipt number 0090-4976673. Fee Status: Fee Paid. by UNION OF CONCERNED SCIENTISTS (Attachments: # (1) Exhibit Jaffe Declaration, # (2) Exhibit Proposed Order)(Brillembourg, Clara)

1 Exhibit Jaffe Declaration

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2 Exhibit Proposed Order

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June 5, 2017 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cicely Parseghian, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard, Boston, MA 02210. Phone No. - 617-832-3038. Fax No. - 617-832-7000 Filing fee $ 100, receipt number 0090-4976686. Fee Status: Fee Paid. by UNION OF CONCERNED SCIENTISTS (Attachments: # (1) Exhibit Parseghian Declaration, # (2) Exhibit Proposed Order)(Brillembourg, Clara)

1 Exhibit Parseghian Declaration

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2 Exhibit Proposed Order

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June 5, 2017 PACER
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AMICUS BRIEF by UNION OF CONCERNED SCIENTISTS. (jf)

June 5, 2017 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Danielle L. Goldstein, :Firm- Office of the County Counsel, :Address- 70 West Hedding St. East Wing, 9th Floor, San Jose, California 95110. Phone No. - (408) 599-5900. Fax No. - (408) 292-7240 Filing fee $ 100, receipt number 0090-4987883. Fee Status: Fee Paid. by COUNTY OF SANTA CLARA, CALIFORNIA (Attachments: # (1) Declaration, # (2) Text of Proposed Order)(Serrano, Lawrence) Modified on 6/13/2017 (zrdj).

1 Declaration

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2 Text of Proposed Order

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June 12, 2017 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James R. Williams, :Firm- Office of the County Counsel, :Address- 70 West Hedding St. East Wing, 9th Floor, San Jose, California 95110. Phone No. - (408) 299-5900. Fax No. - (408) 292-7240 Filing fee $ 100, receipt number 0090-4987891. Fee Status: Fee Paid. by COUNTY OF SANTA CLARA, CALIFORNIA (Attachments: # (1) Declaration, # (2) Text of Proposed Order)(Serrano, Lawrence) Modified on 6/13/2017 (zrdj).

1 Declaration

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2 Text of Proposed Order

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June 12, 2017 PACER
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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Greta S. Hansen, :Firm- Office of the County Counsel, :Address- 70 West Hedding St., East Wing, 9th Floor. Phone No. - (408) 299-5900. Fax No. - (408) 292-7240 Filing fee $ 100, receipt number 0090-4987893. Fee Status: Fee Paid. by COUNTY OF SANTA CLARA, CALIFORNIA (Attachments: # (1) Declaration, # (2) Text of Proposed Order)(Serrano, Lawrence) Modified on 6/13/2017 (zrdj).

1 Declaration

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2 Text of Proposed Order

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June 12, 2017 PACER
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Unopposed MOTION for Leave to File A Brief as Amicus Curiae in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss by COUNTY OF SANTA CLARA, CALIFORNIA . (Attachments: # (1) Exhibit A, # (2) Exhibit B)(Serrano, Lawrence) Modified on 6/13/2017 (zrdj).

1 Exhibit A

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2 Exhibit B

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June 12, 2017 PACER
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NOTICE of Appearance by Ryan C. Morris on behalf of CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (Morris, Ryan)

June 12, 2017 PACER
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Unopposed MOTION for Leave to File Amici Curiae Brief in Support of Defendants' Motion to Dismiss Amended Complaint by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (Attachments: # (1) Exhibit A - Proposed Amici Brief, # (2) Exhibit B - Text of Proposed Order, # (3) Certificate of Service)(Morris, Ryan)

1 Exhibit A - Proposed Amici Brief

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2 Exhibit B - Text of Proposed Order

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3 Certificate of Service

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June 12, 2017 PACER
38

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Samuel B. Boxerman, :Firm- Sidley Austin LLP, :Address- 1501 K Street, NW, Washington, DC 20005. Phone No. - (202) 736-8000. Fax No. - (202) 736-8711 Filing fee $ 100, receipt number 0090-4987923. Fee Status: Fee Paid. by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (Attachments: # (1) Declaration of Samuel B. Boxerman, # (2) Text of Proposed Order)(Morris, Ryan)

1 Declaration of Samuel B. Boxerman

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2 Text of Proposed Order

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June 12, 2017 PACER

MINUTE ORDER: Upon consideration of the Motions for Admission Pro Hac Vice 32, 33, 34, it is hereby ORDERED that the motions are GRANTED. Danielle L. Goldstein, James R. Williams, and Greta S. Hansen are hereby granted leave to appear pro hac vice in this case. Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

June 13, 2017 PACER

MINUTE ORDER: To the extent Samuel B. Boxerman merely seeks leave to have his name appear on a brief signed by a member of the bar of this Court, that motion, Dkt. 38, is GRANTED. To the extent Mr. Boxerman seeks leave to sign filings or otherwise to participate in this matter, he is referred to Local Civil Rule 83.2, which states that "[a]n attorney who engages in the practice of law from an office located in the District of Columbia must be a member of the District of Columbia Bar AND the Bar of this Court to file papers in this Court" (emphasis added). Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

June 13, 2017 PACER

MINUTE ORDER: Upon consideration of the Unopposed Motion of the Chamber of Commerce of the United States of America, et al., for Leave to File an Amicus Curiae Brief 37, the motion is hereby GRANTED. The amicus brief, Dkt. 37 -1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

June 13, 2017 PACER

MINUTE ORDER: Upon consideration of the Unopposed Motion of the County of Santa Clara for Leave to File a Brief as Amicus Curiae 35, the motion is hereby GRANTED. The amicus brief, Dkt. 35-1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

June 13, 2017 PACER

MINUTE ORDER: Upon consideration of the Unopposed Motion of the County of Santa Clara for Leave to File a Brief as Amicus Curiae 35, the motion is hereby GRANTED. The amicus brief, Dkt. 35 -1, is deemed FILED. Signed by Judge Randolph D. Moss on 6/13/2017. (lcrdm1, )

June 13, 2017 PACER
39

AMICUS BRIEF by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS. (zrdj) (Main Document 39 replaced on 6/26/2017) (ztnr).

June 13, 2017 RECAP
40

AMICUS BRIEF by COUNTY OF SANTA CLARA, CALIFORNIA. (zrdj)

June 13, 2017 PACER
41

NOTICE of Appearance by C. Frederick Beckner, III on behalf of AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS (Beckner, C.)

June 14, 2017 PACER
42

ERRATA by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS [39] Amicus Brief, filed by CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, AMERICAN PETROLEUM INSTITUTE, NATIONAL ASSOCIATION OF MANUFACTURERS, ASSOCIATION OF AMERICAN RAILROADS, AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS. (Morris, Ryan)

June 15, 2017 PACER

MINUTE ORDER: The parties are hereby ORDERED to appear for oral argument on Defendants' motion to dismiss 15 and Plaintiffs' motion for summary judgment 16 on August 10, 2017, at 10:00 a.m. in Courtroom 21. Signed by Judge Randolph D. Moss on 6/21/2017. (lcrdm1, )

June 21, 2017 PACER

Set/Reset Hearings: A Motion Hearing is set for 8/10/2017, at 10:00 AM, in Courtroom 21, before Judge Randolph D. Moss. (kt)

June 22, 2017 PACER

MINUTE ORDER: Upon consideration of the Consent Motion for Leave to Exceed Page Limits 43, the motion is hereby GRANTED. Defendants' opposition to Plaintiffs' motion for summary judgment is not to exceed fifty (50) pages, and Plaintiffs' reply brief in support of their motion for summary judgment is not to exceed thirty (30) pages. Signed by Judge Randolph D. Moss on 6/23/2017. (lcrdm1, )

June 23, 2017 PACER
43

Consent MOTION for Leave to File Excess Pages by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # (1) Text of Proposed Order)(Bensing, Daniel)

1 Text of Proposed Order

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June 23, 2017 PACER

MINUTE ORDER: Under this Court's Standing Order, "[a]ll electronically filed documents" are to "be submitted in text-searchable PDF files." Dkt. 5 at 2. On or before June 28, 2017, the Union of Concerned Scientists and the Chamber of Commerce, et al., are hereby ORDERED to resubmit their amicus briefs (31 and 39) to conform to this requirement. Signed by Judge Randolph D. Moss on 6/26/2017. (lcrdm1, )

June 26, 2017 PACER

MINUTE ORDER: Under this Court's Standing Order, "[a]ll electronically filed documents" are to "be submitted in text-searchable PDF files." Dkt. 5 at 2. On or before June 28, 2017, the Union of Concerned Scientists and the Chamber of Commerce, et al., are hereby ORDERED to resubmit their amicus briefs ( 31 and 39 ) to conform to this requirement. Signed by Judge Randolph D. Moss on 6/26/2017. (lcrdm1, )

June 26, 2017 PACER

Set/Reset Deadlines: Union of Concerned Scientists and the Chamber of Commerce, et al., resubmission of amicus briefs due by 6/28/2017. (kt)

June 26, 2017 PACER
44

RESPONSE TO ORDER OF THE COURT re Order, Amicus Brief filed by UNION OF CONCERNED SCIENTISTS. (Brillembourg, Clara)

June 26, 2017 PACER
45

RESPONSE TO ORDER OF THE COURT re Order, Amicus Brief filed by AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS, AMERICAN PETROLEUM INSTITUTE, ASSOCIATION OF AMERICAN RAILROADS, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA, NATIONAL ASSOCIATION OF MANUFACTURERS, NATIONAL FEDERATION OF INDEPENDENT BUSINESS. (Morris, Ryan)

June 26, 2017 PACER
46

RESPONSE re [16] MOTION for Summary Judgment filed by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN. (Attachments: # (1) Statement of Facts, # (2) Declaration, # (3) Text of Proposed Order)(Drezner, Michael)

1 Statement of Facts

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2 Declaration

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3 Text of Proposed Order

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June 26, 2017 PACER
47

Memorandum in opposition to re [9] MOTION to Dismiss filed by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC.. (Attachments: # (1) Text of Proposed Order, # (2) Declaration of Allison Zieve, # (3) Declaration Michale Heimbinder)(Zieve, Allison)

1 Text of Proposed Order

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2 Declaration of Allison Zieve

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3 Declaration Michale Heimbinder

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June 26, 2017 PACER
48

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on May 23, 2017; Page Numbers: 1 - 28. Date of Issuance: June 30, 2017. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/21/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/28/2017.(Hook, Jeff)

June 30, 2017 PACER

MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion for Leave to Exceed Page Limits 49, the motion is hereby GRANTED. Defendants' reply brief in support of their motion to dismiss is not to exceed thirty (30) pages. Signed by Judge Randolph D. Moss on 7/19/2017. (lcrdm1, )

July 19, 2017 PACER
49

Unopposed MOTION for Leave to File Excess Pages by GRACE BOCHENEK, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Attachments: # (1) Text of Proposed Order)(Drezner, Michael)

1 Text of Proposed Order

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July 19, 2017 PACER
50

REPLY to opposition to motion re [16] MOTION for Summary Judgment filed by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC.. (Zieve, Allison)

July 21, 2017 RECAP
51

REPLY to opposition to motion re [15] MOTION to Dismiss First Amended Complaint filed by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA. (Bensing, Daniel)

July 21, 2017 RECAP
52

NOTICE of Appearance by Brett A. Shumate by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN (Drezner, Michael)

Aug. 1, 2017 PACER

NOTICE OF ERROR re 52 Notice (Other); emailed to Michael.L.Drezner@usdoj.gov, cc'd 38 associated attorneys -- The PDF file you docketed contained errors: 1. In future, appearing attorney must electronically file own Notice of Appearance. (znmw, )

Aug. 2, 2017 PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Motion Hearing held on 8/10/2017 re: 15 MOTION to Dismiss First Amended Complaint filed by SAMUEL D. RAUCH, III, GRACE BOCHENEK, DONALD J. TRUMP, UNITED STATES OF AMERICA, JIM KURTH, ELAINE L. CHAO, MARK SANDY, PATRICK WARREN, DAPHNE Y. JEFFERSON, JACK DANIELSON, HOWARD MCMILLAN, DOROTHY DOUGHERTY, EDWARD HUGLER, PATRICIA W. SILVEY, CATHERINE MCCABE, KEVIN HAUGRUD; and 16 MOTION for Summary Judgment filed by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, PUBLIC CITIZEN, INC., NATURAL RESOURCES DEFENSE COUNCIL, INC. Matters taken under advisement. (Court Reporter: Lisa Moreira.) (kt)

Aug. 10, 2017 PACER
53

MOTION for Leave to File Supplemental Memorandum by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC. (Attachments: # (1) Exhibit Supplemental memorandum, # (2) Text of Proposed Order)(Zieve, Allison)

1 Exhibit Supplemental memorandum

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2 Text of Proposed Order

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Aug. 15, 2017 PACER
54

RESPONSE re [53] MOTION for Leave to File Supplemental Memorandum filed by ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN. (Drezner, Michael)

Aug. 17, 2017 PACER

MINUTE ORDER: Plaintiffs seek leave to file a supplemental memorandum addressing a precedent raised for the first time by Defendants at oral argument. See Dkt. 53. The U.S. Department of Justice, in turn, does not dispute that counsel raised the precedent for the first time at oral argument, but, surprisingly, nonetheless opposes Plaintiffs' request for an opportunity to address that late-raised authority. See Dkt. 54. In order to ensure that the parties' respective arguments are fully aired, the Court hereby GRANTS Plaintiffs' motion for leave to file a supplemental memorandum and GRANTS Defendants' request for leave to file a response of similar length on or before August 31, 2017. Plaintiffs' Supplemental Memorandum, Dkt. 53-1, is deemed FILED. Signed by Judge Randolph D. Moss on 8/21/2017. (lcrdm1, )

Aug. 21, 2017 PACER

MINUTE ORDER: Plaintiffs seek leave to file a supplemental memorandum addressing a precedent raised for the first time by Defendants at oral argument. See Dkt. 53 . The U.S. Department of Justice, in turn, does not dispute that counsel raised the precedent for the first time at oral argument, but, surprisingly, nonetheless opposes Plaintiffs' request for an opportunity to address that late-raised authority. See Dkt. 54 . In order to ensure that the parties' respective arguments are fully aired, the Court hereby GRANTS Plaintiffs' motion for leave to file a supplemental memorandum and GRANTS Defendants' request for leave to file a response of similar length on or before August 31, 2017. Plaintiffs' Supplemental Memorandum, Dkt. 53-1, is deemed FILED. Signed by Judge Randolph D. Moss on 8/21/2017. (lcrdm1, )

Aug. 21, 2017 PACER

Set/Reset Deadlines: Defendant's Response due by 8/31/2017. (kt)

Aug. 21, 2017 PACER
55

SUPPLEMENTAL MEMORANDUM to re [16] MOTION for Summary Judgment filed by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC.. (znmw)

Aug. 21, 2017 PACER
56

TRANSCRIPT OF MOTION HEARING before Judge Randolph D. Moss held on August 10, 2017; Page Numbers: 1-98. Date of Issuance:August 23, 2017. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number 202-354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/13/2017. Redacted Transcript Deadline set for 9/23/2017. Release of Transcript Restriction set for 11/21/2017.(Moreira, Lisa)

Aug. 23, 2017 PACER
57

NOTICE of Appearance by Thomas M Johnson on behalf of STATE OF WEST VIRGINIA (Johnson, Thomas)

Aug. 24, 2017 PACER
58

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF WEST VIRGINIA. Attorney Elbert Lin terminated. (Lin, Elbert)

Aug. 24, 2017 PACER
59

RESPONSE re [55] Supplemental Memorandum filed by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN. (Drezner, Michael) Modified to add link on 9/1/2017 (znmw).

Aug. 31, 2017 PACER

MINUTE ORDER: Upon consideration of Thomas Johnson, Jr.'s motion to withdraw as counsel for the State of West Virginia 60, the motion is hereby GRANTED. Thomas Johnson, Jr. may withdraw as counsel in this action. Signed by Judge Randolph D. Moss on 10/27/2017. (lcrdm2, )

Oct. 27, 2017 PACER
60

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF WEST VIRGINIA. Thomas M. Johnson terminated. (Peterson, Erica) Modified event title on 10/30/2017 (znmw).

Oct. 27, 2017 PACER
61

NOTICE OF SUPPLEMENTAL AUTHORITY by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC. (Zieve, Allison)

Dec. 22, 2017 PACER
62

RESPONSE re [61] to Plaintiffs' Notice of Supplemental Authority filed by GRACE BOCHENEK, ELAINE L. CHAO, JACK DANIELSON, DOROTHY DOUGHERTY, KEVIN HAUGRUD, EDWARD HUGLER, DAPHNE Y. JEFFERSON, JIM KURTH, CATHERINE MCCABE, HOWARD MCMILLAN, SAMUEL D. RAUCH, III, MARK SANDY, PATRICIA W. SILVEY, DONALD J. TRUMP, UNITED STATES OF AMERICA, PATRICK WARREN. (Drezner, Michael) Modified to add link on 1/5/2018 (znmw).

Jan. 4, 2018 PACER

Set/Reset Hearings: Status Conference set for 3/1/2018, at 10:30 AM, in Courtroom 19, before Judge Randolph D. Moss. (kt)

Feb. 26, 2018 PACER
63

MEMORANDUM OPINION AND ORDER: Defendants' motion to dismiss, Dkt. [15], is hereby GRANTED for lack of jurisdiction, and Plaintiffs' motion for summary judgment, Dkt. [16], is hereby DENIED. It is hereby ORDERED that the parties shall appear before the Court on March 1, 2018, at 10:30 a.m. in Courtroom 19 to address appropriate next steps, including whether the Court should enter final judgment. See document for details. Signed by Judge Randolph D. Moss on 2/26/2018. (lcrdm2, )

Feb. 26, 2018 RECAP

Minute Entry for proceedings held before Judge Randolph D. Moss: Status Conference held on 3/1/2018. Defendant shall file any Motion for Leave to File an Amended Complaint in 30 days. (Court Reporter: Elizabeth SaintLoth.) (kt)

March 1, 2018 PACER

MINUTE ORDER: In light of the parties' representations at the status conference held on March 1, 2018, it is hereby ORDERED that Plaintiffs shall file a motion for leave to amend their complaint on or before April 2, 2018; Defendants shall file an opposition on or before April 23, 2018; and Plaintiffs shall file a reply on or before May 2, 2018. Signed by Judge Randolph D. Moss on 3/1/2018. (lcrdm2, )

March 1, 2018 PACER

Set/Reset Deadlines: Plaintiffs' motion for leave to amend complaint due on or before 4/2/2018; Defendants' opposition due on or before 4/23/2018; Plaintiffs' reply due on or before 5/2/2018. (kt)

March 1, 2018 PACER
64

MOTION for Leave to File Second Amended Complaint by COMMUNICATION WORKERS OF AMERICA, AFL-CIO, NATURAL RESOURCES DEFENSE COUNCIL, INC., PUBLIC CITIZEN, INC. (Attachments: # (1) Exhibit Proposed Second Amended Complaint, # (2) Exhibit Proposed Second Amended Complaint (redlined), # (3) Text of Proposed Order, # (4) Declaration of Amy Allina, # (5) Declaration of Karen Bain, # (6) Declaration of Barbara Blau, # (7) Declaration of R.J. Mastic, # (8) Declaration of Joanna Mauer, # (9) Declaration of Eduardo Pontoriero, # (10) Declaration of Jose Rivero, # (11) Declaration (Second) of Denise Abbott, # (12) Declaration (Second) of Robert Weissman, # (13) Declaration of Mae Wu)(Zieve, Allison)

1 Exhibit Proposed Second Amended Complaint

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2 Exhibit Proposed Second Amended Complaint (redlined)

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3 Text of Proposed Order

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4 Declaration of Amy Allina

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5 Declaration of Karen Bain

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6 Declaration of Barbara Blau

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7 Declaration of R.J. Mastic

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8 Declaration of Joanna Mauer

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9 Declaration of Eduardo Pontoriero

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10 Declaration of Jose Rivero

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11 Declaration (Second) of Denise Abbott

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12 Declaration (Second) of Robert Weissman

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13 Declaration of Mae Wu

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April 2, 2018 PACER

MINUTE ORDER: In light of Defendants' notice of non-opposition 65, Plaintiffs' motion for leave to file a second amended complaint 64 is hereby GRANTED and that amended complaint is deemed filed. In addition, the parties' joint motion to set briefing schedule 66 is hereby GRANTED. It is ORDERED that the following schedule shall govern future proceedings in this matter: Defendants shall file a motion to dismiss on or before May 14, 2018; Plaintiffs shall file a combined opposition and cross-motion for summary judgment on or before June 4, 2018; Defendants shall file a combined reply and opposition on or before June 25, 2018; and Plaintiffs shall file a reply on or before July 16, 2018. On or before April 27, 2018, Defendants may file a motion to stay briefing on Plaintiffs' motion for summary judgment pending resolution of Defendants' motion to dismiss. Signed by Judge Randolph D. Moss on 4/20/2018. (lcrdm2, )

April 20, 2018 PACER

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: Feb. 8, 2017

Closing Date: Dec. 20, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two national non-profit organizations focused on environmental and public health concerns, and an international labor union of workers in a wide variety of public sector positions in the United States, Canada, and Puerto Rico.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Earthjustice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President Donald Trump, Federal

United States of America, Federal

Twelve Federal Agencies, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None