Case: People of the State of California v. United States of America

3:17-cv-01911 | U.S. District Court for the Southern District of California

Filed Date: Sept. 20, 2017

Closed Date: April 18, 2019

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Case Summary

This suit, filed on September 20, 2017, challenged President Trump's authorization of the construction of a border wall at the U.S.-Mexico border. The plaintiffs sued the federal government for failing to comply with existing laws and taking actions beyond the scope of its authority. President Trump issued Executive Order (EO) 13767 on Jan. 25, 2017; it directed DHS to "allocate all sources of Federal funds for the planning, designing and construction of a physical wall along the southern border." The EO cites as its authority the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). According to the complaint, IIRIRA "allows the Secretary of DHS to waive any law he or she deems necessary to expeditiously construct reinforced fencing authorized under that section." The complaint 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. According to the complaint, DHS seeks to enforce the EO through the "construction of a Border Wall, which includes but is not limited to the construction of prototype walls and fences, the construction of barriers and roads that are not in areas of high illegal entry, the construction of barriers that are not in areas where the fencing would be most practical and effective, and the replacement of existing walls and fencing along the United States-Mexico border."

In so doing, the complaint argued that DHS violated the National Environmental Policy Act, the Administrative Procedure Act, and the Coastal Zone Management Act. The plaintiffs sought injunctive and declaratory relief. The complaint further argued that the IIRIRA waiver provision is "limited to the installation of 'additional barriers and roads...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." Accordingly, the plaintiffs sought declaration that the IIRIRA waiver provision does not apply to DHS' proposed activities pursuant to the EO, that the two California waivers do not comply with the IIRIRA waiver provision, and that both the California waivers and the IIRIRA provision itself violate Fifth Amendment due process, the separation of powers doctrine, and the Tenth Amendment.

One plaintiff is the People of California, represented by the Attorney General. The suit sought to protect in particular California's natural resources, sovereign interests in enacting and enforcing state laws, and economic interests in trade and tourism with Mexico as well as property near the border. The other plaintiff is the California Coastal Commission, which is a state agency that implements the Coastal Zone Management Act in California.

The case was assigned to Judge Thomas J. Whelan, then reassigned to Judge Gonzalo P. Curiel on Oct. 5. The case was consolidated with two other cases on Oct. 24. The lead case, which will contain all future updates, is here. Since there was a final judgment, the case is now closed.

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Summary Authors

Virginia Weeks (4/12/2018)

Defenders of Wildlife v. Duke, Southern District of California (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6295028/parties/people-of-the-state-of-california-the-v-united-states-of-america/

Judge(s)

Curiel, Gonzalo Paul (California)

Houston, John A. (California)

Attorney for Plaintiff

Cayaban, Michael P (California)

Attorney for Defendant

Church, Rebecca Grace (California)

CV, U S (California)

Judge(s)

Curiel, Gonzalo Paul (California)

Houston, John A. (California)

Attorney for Plaintiff

Cayaban, Michael P (California)

Reyes, Emilio (California)

Attorney for Defendant

Church, Rebecca Grace (California)

CV, U S (California)

Norris, Brett (California)

Parker, Katherine Lind (California)

Thorp, Galen N. (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:17-cv-01191	Complaint For Declaratory and Injunctive Relief People of the State of California v. US	Sept. 20, 2017	Sept. 20, 2017 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/6295028/people-of-the-state-of-california-the-v-united-states-of-america/

Last updated April 20, 2025, 4:13 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against United States of America, United States Department of Homeland Security, Elaine Duke, United States Customs and Border Protection, Kevin K. McAleenan (Filing fee $400 receipt number 0974-10457503), filed by People of the State of California, California Coastal Commission. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:17-cv-1911-W-BLM. Judge Thomas J. Whelan and Magistrate Judge Barbara Lynn Major are assigned to the case. (Cayaban, Michael)(rmc) (jao). (Entered: 09/20/2017)	Sept. 20, 2017	Sept. 20, 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. (rmc) (jao). (Entered: 09/20/2017)	Sept. 20, 2017	Sept. 20, 2017 PACER
3	NOTICE OF RELATED CASE(S) by California Coastal Commission, The, People of the State of California, The of case(s) 3:17-cv-01215-GPC-WVG and 3:17-cv-1873-JM-AGS re 1 Complaint, . (Cayaban, Michael) LNO prepared on 9/21/2017 (jao). (Entered: 09/20/2017)	Sept. 20, 2017	Sept. 20, 2017 PACER
4	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 Thomas J. Whelan, Magistrate Judge Barbara Lynn Major no longer assigned to case. Create association to 3:17-cv-01215-GPC-WVG. The new case number is 17cv1911-GPC(WVG). Signed by Judge Gonzalo P. Curiel on 9/20/2017. Signed by Judge Thomas J. Whelan on 10/2/2017. (jao) (Entered: 10/05/2017)	Oct. 5, 2017	Oct. 5, 2017 PACER
5	Certificate of Service, NOTICE Proof of Service by Mail Report of Clerk and Order of Transfer Pursuant to Low Number Rule by California Coastal Commission, The, People of the State of California, The re 4 Order of Transfer Pursuant to Low Number Rule, (Cayaban, Michael) Incorrect event, edited to reflect document (dlg). (Entered: 10/17/2017)	Oct. 17, 2017	Oct. 17, 2017 PACER
6	* WITHDRAWN PER ECF 7 * Joint MOTION to Consolidate Cases, Joint MOTION for Order Regarding Further Proceedings by Elaine Duke, Kevin K. McAleenan, United States Customs and Border Protection, United States Department of Homeland Security, United States of America. (Thorp, Galen)Attorney Galen N. Thorp added to party Elaine Duke(pty:dft), Attorney Galen N. Thorp added to party Kevin K. McAleenan(pty:dft), Attorney Galen N. Thorp added to party United States Customs and Border Protection(pty:dft), Attorney Galen N. Thorp added to party United States Department of Homeland Security(pty:dft), Attorney Galen N. Thorp added to party United States of America(pty:dft) QC email, document not signed. Attorney should withdraw and refile (dlg). Modified on 10/23/2017 (dlg). (Entered: 10/19/2017)	Oct. 19, 2017	Oct. 19, 2017 PACER
7	NOTICE OF WITHDRAWAL OF DOCUMENT by United States Customs and Border Protection, United States Department of Homeland Security, Elaine Duke, Kevin K. McAleenan, United States of America re 6 Joint MOTION to Consolidate Cases Joint MOTION for Order Regarding Further Proceedings filed by Elaine Duke, United States Customs and Border Protection, Kevin K. McAleenan, United States of America, United States Department of Homeland Security . (Thorp, Galen) (dlg). (Entered: 10/20/2017)	Oct. 20, 2017	Oct. 20, 2017 PACER
8	Joint MOTION to Consolidate Cases, Joint MOTION for Order Regarding Further Proceedings by Elaine Duke, Kevin K. McAleenan, United States Customs and Border Protection, United States Department of Homeland Security, United States of America. (Thorp, Galen) (dlg). (Entered: 10/20/2017)	Oct. 20, 2017	Oct. 20, 2017 PACER
9	CONSOLIDATION ORDER (re ecf 8 ). 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
10	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 RECAP
11	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
12	NOTICE OF APPEAL to the 9th Circuit as to 11 Clerk's Judgment, 10 Order Denying Plaintiffs' Motions for Summary Judgment and Granting Defendants' Motions for Summary Judgment, by California Coastal Commission, The, People of the State of California, The. (Filing fee $ 505 receipt number 0974-11093775.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Cayaban, Michael). (Modified on 4/9/2018: Edited docket text re linked Order.) (akr). (Entered: 04/09/2018)	April 9, 2018	April 9, 2018 PACER
13	USCA Case Number 18-55476 for 12 Notice of Appeal to 9th Circuit, filed by People of the State of California, The, California Coastal Commission, The. (akr) (Entered: 04/11/2018)	April 11, 2018	April 11, 2018 PACER
14	USCA Time Schedule Order as to 12 Notice of Appeal to 9th Circuit, filed by People of the State of California, The, California Coastal Commission, The. (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
15	ORDER of USCA as to 12 Notice of Appeal to 9th Circuit, filed by People of the State of California, The, California Coastal Commission, The. 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
16	ORDER of USCA as to 12 Notice of Appeal to 9th Circuit, filed by People of the State of California, The, California Coastal Commission, The. 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 RECAP
17	MANDATE of USCA affirming the decision of the USDC as to 12 Notice of Appeal to the 9th Circuit filed by People of the State of California, The, California Coastal Commission, The. (akr) (Entered: 04/18/2019)	April 18, 2019	April 18, 2019 PACER