Case: Defenders of Wildlife v. Duke

3:17-cv-01873 | U.S. District Court for the Southern District of California

Filed Date: Sept. 14, 2017

Clearinghouse coding complete

Case Summary

This suit, filed on Sept. 14, 2017, challenged President Trump's authorization of the construction of a border wall at the U.S.-Mexico border. Plaintiffs, environmental advocacy organizations (Defenders of Wildlife, the Sierra Club, and the Animal Legal Defense Fund), sued the U.S. Department of Homeland Security (DHS) for failing to comply with existing laws and for taking actions beyond the scope of its authority. Plaintiffs filed their complaint in the U.S. District Court for the Southern Di…

This suit, filed on Sept. 14, 2017, challenged President Trump's authorization of the construction of a border wall at the U.S.-Mexico border. Plaintiffs, environmental advocacy organizations (Defenders of Wildlife, the Sierra Club, and the Animal Legal Defense Fund), sued the U.S. Department of Homeland Security (DHS) for failing to comply with existing laws and for taking actions beyond the scope of its authority. Plaintiffs filed their complaint in the U.S. District Court for the Southern District of California.

On Jan. 25, 2017, President Trump issued Executive Order (EO) No. 13767, which directed DHS to "take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border." The EO cited as its authority the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996. IIRIRA § 102 allows the Secretary of DHS to "take such actions as may be necessary to install additional physical barriers and roads ... in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States." Further, under the REAL ID Act of 2005, the Secretary may "waive all legal requirements [that the] Secretary, in such Secretary’s sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.” IIRIRA also restricts judicial review of such action.

Despite this, plaintiffs argued that § 102 also limits the Secretary's discretion to issue waivers, and that defendants had here overstepped these limits. First, plaintiffs argued that the IIRIRA waiver provision is limited to "the installation of 'additional physical barriers and road[s]...in areas of high illegal entry,'" and does not authorize replacement of existing barriers and roads, construction of temporary prototype walls, or the construction of barriers and roads in areas that are not "of high illegal entry into the United States." Further, plaintiffs argued that the Secretary's authority to issue waivers had expired in 2008, and that Congress had never again granted this authority since 2005. Finally, plaintiffs alleged that the Secretary did not explain how DHS had identified "high illegal entry" at the proposed border wall sites.

Plaintiffs asserted that DHS twice attempted to exercise this waiver, on Aug. 2 and Sept. 12, 2017, with respect to portions of the California border pursuant to the EO. In so doing, plaintiffs argued that DHS violated the Administrative Procedure Act (APA) and various federal environmental statutes. Additionally, plaintiffs alleged that the border wall would harm borderland wildlife areas and thus plaintiffs' members who frequented these areas.

Plaintiffs sought injunctive and declaratory relief. Specifically, plaintiffs sought a declaration that the IIRIRA waiver provision did not apply to DHS's proposed activities pursuant to the EO, that the two California waivers did not comply with the IIRIRA waiver provision, and that both the California waivers and the IIRIRA provision itself violated the Presentment Clauses, the Nondelegation Doctrine, and the separation of powers doctrine.

The case was first assigned to Judge Jeffrey T. Miller and then reassigned to Judge Gonzalo P. Curiel on Sept. 20. The Court also, on Sept. 15, granted plaintiffs' request to relate this case to another recent case filed by environmental groups challenging the border wall, Center for Biological Diversity v. DHS.

The parties jointly requested on Oct. 20 that this case be consolidated with Center for Biological Diversity and California v. U.S.. On Oct. 24, Judge Curiel granted the motion.

This case has been consolidated with Center for Biological Diversity v. DHS and continues at that page.

Summary Authors

Ava Morgenstern (10/29/2017)

Related Cases

Center for Biological Diversity v. U.S. Department of Homeland Security, Southern District of California (2017)

People of the State of California v. United States of America, Southern District of California (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6295027/parties/defenders-of-wildlife-v-duke/


Judge(s)

Curiel, Gonzalo Paul (California)

Attorneys(s) for Plaintiff

Eliseuson, Anthony Thomas (Illinois)

Hanneken, Sarah Kathryn (Oregon)

Paben, Brett Michael (Colorado)

Smith, Gloria D. (California)

Judge(s)

Curiel, Gonzalo Paul (California)

Attorneys(s) for Plaintiff

Eliseuson, Anthony Thomas (Illinois)

Hanneken, Sarah Kathryn (Oregon)

Paben, Brett Michael (Colorado)

Smith, Gloria D. (California)

Documents in the Clearinghouse

Document

3:17-cv-01873

Docket [PACER]

Sept. 26, 2017

Sept. 26, 2017

Docket
1

3:17-cv-01873

Complaint for Declaratory and Injunctive Relief

Sept. 14, 2017

Sept. 14, 2017

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6295027/defenders-of-wildlife-v-duke/

Last updated May 28, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
5

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10442617.) (Application to be reviewed by Clerk.) (Eliseuson, Anthony)(jrd) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
4

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10441814.) (Application to be reviewed by Clerk.) (Paben, Brett)(jrd) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
3

NOTICE OF RELATED CASE(S) by Sierra Club of case(s) 17-cv-01215-GPC-WVG . (Smith, Gloria) Modified on 9/15/2017 to reflect Proposed Low Number Order prepared. (jpp). (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
2

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jdt) (jao). (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
1

COMPLAINT against Elaine Duke, U.S. Department of Homeland Security (Filing fee $400, receipt number 0974-10440666), filed by Sierra Club, Defenders of Wildlife, Animal Legal Defense Fund. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:17-cv-01873-JM-AGS. Judge Jeffrey T. Miller and Magistrate Judge Andrew G. Schopler are assigned to the case. (Smith, Gloria)(jdt) (jao). (Main Document 1 replaced on 9/15/2017) (jdt). (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
7

Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-10445210 Re: Doc. No. 6 )(Application to be reviewed by Clerk.) (Hanneken, Sarah)(jrd) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
6

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-10445210.) (Application to be reviewed by Clerk.) (Hanneken, Sarah) (QC Mailer; missing signature.)(jrd) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
8

ORDER OF TRANSFER PURSUANT TO LOW NUMBER RULE. Case reassigned to Judge Gonzalo P. Curiel and Magistrate Judge William V. Gallo for all further proceedings. Judge Jeffrey T. Miller, Magistrate Judge Andrew G. Schopler no longer assigned to case. Create association to 3:17-cv-01215-GPC-WVG. The new case number is 17CV1873-GPC(WVG).. Signed by Judge Jeffrey T. Miller on 9/19/2017. Signed by Judge Gonzalo P. Curiel on 9/15/2017.(jpp) (Entered: 09/22/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
11

ORDER Approving Pro Hac Vice Application of Sarah Kathryn Hanneken, re 7 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 9/22/2017.(jrd) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
10

ORDER Approving Pro Hac Vice Application of Anthony Thomas Eliseuson, re 5 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 9/22/2017.(jrd) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
9

ORDER Approving Pro Hac Vice Application of Brett M. Paben, re 4 Request to Appear Pro Hac Vice. Signed by Judge Gonzalo P. Curiel on 9/22/2017.(jrd) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER
12

*** WITHDRAWN PER ECF 13 *** Joint MOTION to Consolidate Cases, Joint MOTION for Order Regarding Further Proceedings by Elaine Duke, U.S. Department of Homeland Security. (Thorp, Galen)Attorney Galen N. Thorp added to party Elaine Duke(pty:dft), Attorney Galen N. Thorp added to party U.S. Department of Homeland Security(pty:dft) (dlg). QC email, document not signed. Attorney should withdraw and refile properly (dlg). Modified on 10/23/2017 (dlg). (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
14

Joint MOTION to Consolidate Cases, Joint MOTION for Order Regarding Further Proceedings by Elaine Duke, U.S. Department of Homeland Security. (Thorp, Galen) (dlg). (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
13

NOTICE OF WITHDRAWAL OF DOCUMENT by U.S. Department of Homeland Security, Elaine Duke re 12 Joint MOTION to Consolidate Cases Joint MOTION for Order Regarding Further Proceedings filed by U.S. Department of Homeland Security, Elaine Duke . (Thorp, Galen) (dlg). (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
15

CONSOLIDATION ORDER (re ecf 14 ). Cases Consolidated, 17cv1215-GPC-WVG. All future docketing will be done in the lead case. Signed by Judge Gonzalo P. Curiel on 10/24/17.(dlg) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
16

SUMMONS Returned Executed by Sierra Club, Defenders of Wildlife, Animal Legal Defense Fund. Elaine Duke, U.S. Department of Homeland Security served. (Smith, Gloria) (dlg). (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
17

ORDER Denying Plaintiffs' Motions for Summary Judgment and Granting Defendants' Motions for Summary Judgment. Signed by Judge Gonzalo P. Curiel on 2/27/18.(See motions in Lead case, 17cv1215-GPC-WVG)(dlg) (Entered: 03/26/2018)

Feb. 27, 2018

Feb. 27, 2018

PACER
18

CLERK'S JUDGMENT. The Court DENIES Plaintiffs' motions for summary judgment and GRANTS Defendants motions for summary judgment(dlg) (jao). (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
19

Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-11077267.) (Application to be reviewed by Clerk.) (Rylander, Jason) QC reminder email sent re: cases consolidated. Lead case is 17-cv-01215-GPC-WVG (ajs). (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
20

ORDER Approving the Pro Hac Vice Application of Jason Craig Rylander (Re: Doc. No. 19 Request to Appear Pro Hac Vice). Signed by Judge Gonzalo P. Curiel on 4/4/2018.(jrd) (Entered: 04/06/2018)

April 6, 2018

April 6, 2018

PACER
21

NOTICE OF APPEAL to the 9th Circuit as to 17 Order Denying Plaintiffs' Motions for Summary Judgment and Granting Defendants' Motions for Summary Judgment, by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. (Filing fee $ 505 receipt number 0974-11093778.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Rylander, Jason). (Modified on 4/9/2018: Edited docket text re linked Order.) (akr). (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

PACER
23

USCA Time Schedule Order as to 21 Notice of Appeal to 9th Circuit, filed by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court (see attached), provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 5/9/2018 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 6/8/2018.) (cc: Court Reporter). (Attachments: # 1 Transcript Designation and Ordering Form). (akr) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
22

USCA Case Number 18-55475 for 21 Notice of Appeal to 9th Circuit, filed by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. (akr) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

PACER
24

ORDER of USCA as to 21 Notice of Appeal to 9th Circuit, filed by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. The USCA sua sponte consolidates appeal Nos. 18-55474, 18-55475, and 18-55476. The USCA is in receipt of the motion to expedite filed by appellants in appeal No. 18-55476. Appellants indicate that appellees do not oppose the motion. Appellants in appeal Nos. 18-55474 and 18-55475 shall file a response or notice of non-opposition to the motion to expedite by Tuesday, April 24, 2018. Briefing is stayed pending further order. (akr) (Entered: 04/20/2018)

April 19, 2018

April 19, 2018

PACER
25

ORDER of USCA as to 21 Notice of Appeal to 9th Circuit, filed by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. The unopposed motion to expedite these consolidated appeals is granted. Briefing schedule issued. Instructions issued. The Clerk shall calendar these cases before a panel of all Ninth Circuit Judges in August 2018. (akr) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
26

MANDATE of USCA affirming the decision of the USDC as to 21 Notice of Appeal to the 9th Circuit filed by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. (akr) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Key Dates

Filing Date: Sept. 14, 2017

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

California environmental advocacy organizations whose members frequent the Mexico-U.S. borderlands

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA)

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Immigration/Border:

Border wall