Case: Center for Biological Diversity v. U.S. Department of Homeland Security

3:17-cv-01215 | U.S. District Court for the Southern District of California

Filed Date: June 15, 2017

Closed Date: April 18, 2019

Clearinghouse coding complete

Case Summary

On June 15, 2017, the Center for Biological Diversity brought this lawsuit against the Department of Homeland Security (DHS) and its component Customs and Border Protection (CBP). Plaintiff filed in the U.S. District Court for the Southern District of California and the case was assigned to Judge Gonzalo P. Curiel (whom Trump had previously disparaged in an unrelated case). The case combined several different challenges to the Trump Administration's planned border wall, and sought declaratory…

On June 15, 2017, the Center for Biological Diversity brought this lawsuit against the Department of Homeland Security (DHS) and its component Customs and Border Protection (CBP). Plaintiff filed in the U.S. District Court for the Southern District of California and the case was assigned to Judge Gonzalo P. Curiel (whom Trump had previously disparaged in an unrelated case). The case combined several different challenges to the Trump Administration's planned border wall, and sought declaratory and injunctive relief and attorneys' fees.

After an initial complaint and a First Amended Complaint, plaintiff filed a Second Amended Complaint on Sept. 6. According to the Second Amended Complaint, plaintiff is "an environmental conservation organization that works to protect native wildlife species and their habitats." In the wake of President Trump's Executive Order (EO) No. 13767, authorizing expanded border wall construction, plaintiff feared that such construction would harm the environment, in violation of the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and other environmental statutes. Plaintiff was also concerned that the border wall would harm plaintiff's members who frequented borderland wildlife areas.

The first issue was under the Freedom of Information Act (FOIA). On May 2, 2017, the plaintiff had submitted a FOIA request to DHS and CBP. The requested records related to the agencies' statutorily mandated environmental analysis, as well as compliance with other environmental laws, for the border wall prototype project. Plaintiff alleged that defendants, by failing to respond, had violated FOIA or alternatively the Administrative Procedures Act (APA).

The second issue was about compliance with NEPA's requirement of public participation in agency decisionmaking. On June 1, plaintiff notified DHS that it believed the wall would violate the environmental statutes. However, DHS provided no notice-and-comment or public participation procedure, nor did it respond to plaintiff's communications. This too was argued to violate NEPA, its implementing regulations, and the APA.

The third issue was about both substantive and procedural application of the environmental laws. On Aug. 2, 2017, DHS announced that under its interpretation of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 and subsequent amendments, IIRIRA allowed DHS to waive the application of the NEPA, ESA, and many other federal statutes for the purposes of implementing the EO. Plaintiff claimed that in fact IIRIRA did not authorize this waiver, because its grant of waiver authority to DHS had already expired and had not been renewed. Plaintiff also alleged that in waiving the applicability of the environmental statutes, defendant had violated IIRIRA, NEPA, and ESA, as well as the U.S. Constitution's Take Care Clause, Separation of Powers Doctrine, Nondelegation Doctrine, and Presentment Clause.

On Sept. 15, the court related this case to another recent case filed by environmental groups challenging the border wall, Defenders of Wildlife v. Duke, following the request of plaintiffs in the latter case.

On Oct. 6, the government moved to dismiss. DHS first argued that, according to IIRIRA's waiver provision, the Court lacked jurisdiction to consider plaintiff's nonconstitutional claims. Moreover, DHS claimed, to the extent the Court could review the statutory claims, the government had not exceeded its authority under its executive power and IIRIRA's waiver provision. Turning to the constitutional claims, defendant then denied any violations. Finally, DHS argued that no APA claim existed because FOIA provided an adequate remedy.

The parties jointly requested on Oct. 20 that this case be consolidated with Defenders of Wildlife v. Duke and California v. U.S.. On Oct. 24, Judge Curiel granted the motion. 2017 WL 4861650. The consolidated cases continue on this case page.

On Nov. 22, all plaintiffs moved separately for summary judgment. The Center for Biological Diversity and the Animal Legal Defense Fund both argued that the Trump administration had exceeded its statutory authority under IIRIRA (or, in the alternative, its constitutional authority under the Take Care Clause, Presentment Clause, Separation of Powers Doctrine, and Nondelegation Doctrine), by reviving IIRIRA's waiver provision for the new border wall projects. The State of California advanced a similar argument and also alleged that the Trump administration had violated the APA, NEPA, and Coastal Zone Management Act (CZMA).

On Dec. 20, DHS opposed plaintiffs' motions for summary judgment and cross-filed for summary judgment. First, DHS argued that California had not established standing. Substantively, DHS argued that the Court lacked jurisdiction to consider plaintiffs' constitutional claims under IIRIRA's waiver provision. DHS also maintained that the provision was constitutional. Plaintiffs responded on Jan. 5, 2018, and DHS replied on Jan. 23.

Judge Curiel held a Feb. 9 hearing on the cross-motions for summary judgment. On Feb. 27, he issued an order denying plaintiff's motions for summary judgment and granting DHS's motions for summary judgment, except for plaintiffs' FOIA claim. First, Judge Curiel held that defendants had violated no clear and unambiguous interpretation of IIRIRA's waiver provision, and therefore that the Court lacked jurisdiction to hear statutory, nonconstitutional claims under that provision. This bar applied to plaintiffs' statutory claims under IIRIRA, APA, NEPA, ESA, and CZMA.

Turning next to the constitutional claims, Judge Curiel held that defendants had not violated the Nondelegation and Separation of Powers Doctrines, because Congress had properly delegated its legislative authority under an intelligible principle. Neither had plaintiffs sufficiently argued that defendants had violated the Take Care Clause, Congress' delegation to the executive of power to waive criminal laws, the Presentment Clause, or the Tenth Amendment. Further, plaintiffs had not shown that the challenged provision deprived them of their rights under the Due Process Clause, the First Amendment right to petition, or Article III. 284 F.Supp.3d 1092.

Plaintiffs' FOIA claim survived Judge Curiel's Feb. 27 order. However, on Mar. 23, the parties jointly moved to dismiss the FOIA claim, because defendants had provided the requested records. On Mar. 26, Judge Curiel granted the motion to dismiss with prejudice.

On Apr. 9, plaintiff appealed the case to the Ninth Circuit, which opened a new docket (No. 18-55474).

On Apr. 19, 2018, the Circuit Court consolidated plaintiff's appeal with appeals from the consolidated cases (No. 18-55475 and 18-55476).

The Ninth Circuit held oral argument on Aug. 7.

While the Ninth Circuit's decision was pending, on Aug. 23, plaintiff filed a petition for writ of certiorari to the Supreme Court. The issue that plaintiff requested the Supreme Court to answer was "whether IIRIRA § 102(c)—which grants the Secretary of Homeland Security sweeping power to waive any or all legal requirements in her sole discretion, and then insulates that exercise of discretion from judicial review—violates the separation of powers."

On Dec. 30, 2018, the Supreme Court denied the plaintiff's petition for writ of certiorari.

139 S.Ct. 594.

On Feb. 19, 2019, the Ninth Circuit panel (Circuit Judges M. Margaret McKeown, Consuelo M. Callahan, and Jacqueline H. Nguyen) affirmed the district court’s grant of summary judgment to defendants. The panel first concluded that the circuit court had jurisdiction to consider the "predicate legal question" of whether IIRIRA authorized the contested projects.

Next, the panel held that under the plain text of the section, the defendants had the authority to construct the projects. This was because section 102(a) granted the Secretary of the DHS authority to “take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States.” The panel found that the border barrier projects constituted “additional physical barriers" and are “in areas of high illegal entry into the United States.”

The panel further concluded that the fencing requirements and deadlines in Section 102(b) did not establish limits applicable to Section 102(a); "Section 102(b)’s provisions for priority projects do not swallow section 102(a)’s independent authorization to build 'additional physical barriers.'"

Lastly, the panel held that that the environmental claims were precluded by the Secretary’s waiver of the NEPA, the CZMA, and the APA and that it lacked jurisdiction to consider any argument challenging the waivers themselves. 915 F.3d 1213.

The judgment of the Ninth Circuit took effect on April 5, 2019. The case is now closed.

Summary Authors

Ava Morgenstern (5/5/2018)

Aaron Gurley (2/17/2020)

Related Cases

Defenders of Wildlife v. Duke, 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/6129117/parties/center-for-biological-diversity-v-us-department-of-homeland-security/


Judge(s)

Callahan, Consuelo Maria (California)

Curiel, Gonzalo Paul (California)

Gallo, William V. (California)

McKeown, M. Margaret (California)

Nguyen, Jacqueline Hong-Ngoc (California)

Attorneys(s) for Plaintiff

Alderson, David G. (California)

Appelbaum, John M. (California)

Barclay Strobel, Jessica (California)

Becerra, Xavier (California)

Byrne, Robert W. (California)

Judge(s)

Callahan, Consuelo Maria (California)

Curiel, Gonzalo Paul (California)

Gallo, William V. (California)

McKeown, M. Margaret (California)

Nguyen, Jacqueline Hong-Ngoc (California)

Attorneys(s) for Plaintiff

Alderson, David G. (California)

Appelbaum, John M. (California)

Barclay Strobel, Jessica (California)

Becerra, Xavier (California)

Byrne, Robert W. (California)

Cayaban, Michael P. (California)

Cummings, Brendan R. (California)

Eliseuson, Anthony Thomas (Illinois)

Forgie, Julia (California)

Golden-Krasner, Noah (California)

Hanneken, Sarah Kathryn (Oregon)

Kerr, Baine P. (California)

Medley, Amie (California)

Paben, Brett Michael (Colorado)

Patterson, Timothy R. (California)

Rose, John Peter (California)

Segee, Brian P. (California)

Smith, Gloria D. (California)

Su, Anchun Jean (California)

Attorneys(s) for Defendant

Braverman, Adam (California)

Church, Rebecca G. (California)

Parker, Katherine Lind (California)

Readler, Chad Andrew (District of Columbia)

Robinson, Alana W. (District of Columbia)

Thorp, Galen N. (District of Columbia)

Tyler, John Russell (District of Columbia)

Other Attorney(s)

Silvas, Deborah Ann (California)

Sivas, Deborah Ann (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Center for Biological Diversity v. DHS

April 18, 2019 Docket
16

Second Amended Complaint For Declaratory and Injunctive Relief

Center for Biological Diversity v. DHS

Sept. 6, 2017 Complaint
18-1

Memorandum of Points and Authorities In Support of Motion to Dismiss Second Amended Complaint

Center for Biological Diversity v. DHS

Oct. 6, 2017 Pleading / Motion / Brief
29-1

Memorandum of Points and Authorities in Support of Plaintiffs Defenders of Wildlife, Animal Legal Defense Fund, and Sierra Club's Motion for Summary Judgment

In re: Border Infrastructure Environmental Litigation

Nov. 22, 2017 Pleading / Motion / Brief
28-1

Plaintiff Center for Biological Diversity's Memorandum of Points and Authorities in Support of Cross Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment

In re: Border Infrastructure Environmental Litigation

Nov. 22, 2017 Pleading / Motion / Brief
30-2

Memorandum in Support of Motion for Summary Judgment by Plaintiffs People of the State of California and the California Coastal Commission

In re: Border Infrastructure Environmental Litigation

Nov. 22, 2017 Pleading / Motion / Brief
35-1

Defendants' Memorandum in Opposition to Plaintiffs' Motions for Summary Judgment and in Support of Defendants' Cross-Motion for Summary Judgment

Center for Biological Diversity v. Department of Homeland Security

Dec. 20, 2017 Pleading / Motion / Brief
36

Plaintiff Center for Biological Diversity's Reply Memorandum of Points and Authorities in Support of Cross Motion for Summary Judgment

In re: Border Infrastructure Environmental Litigation

Jan. 5, 2018 Pleading / Motion / Brief
38

Coalition Plaintiffs' Combined Memorandum in Opposition to Defendants' Cross-Motion for Summary Judgment and Reply to Defendants' Motion for Summary Judgment

In re: Border Infrastructure Environmental Litigation

Jan. 5, 2018 Pleading / Motion / Brief
39

California's Reply in Support of California's Motion for Summary Judgment and Opposition to Defendants' Cross-Motion for Summary Judgment

In re: Border Infrastructure Environmental Litigation

Jan. 5, 2018 Pleading / Motion / Brief

Resources

Title Description External URL

Lawsuit Seeks Federal Documents on Trump's Border Wall Prototypes

Center for Biological Diversity

SAN DIEGO— The Center for Biological Diversity sued the U.S. Department of Homeland Security and U.S. Customs and Border Protection today for failing to provide environmental documents required for t… June 15, 2017 https://www.biologicaldiversity.org/news/press_releases/2017/border-wall-prototypes-foia-06-15-2017.php

Lawsuit Challenges San Diego Border-wall Waiver as Unconstitutional

Center for Biological Diversity

SAN DIEGO— The Center for Biological Diversity today expanded its lawsuit against border wall and prototype projects in San Diego, challenging the Trump administration’s authority to waive environmen… Sept. 6, 2017 http://www.biologicaldiversity.org/news/press_releases/2017/border-wall-09-06-2017.php

The judge Trump disparaged as ‘Mexican’ will preside over an important border wall case

Eli Rosenberg

The federal judge whom President Trump disparaged as a “Mexican” during his campaign will preside over a case brought against one of the president’s most highly touted initiatives: the U.S-Mexico bor… Feb. 5, 2018 https://www.washingtonpost.com/news/politics/wp/2018/02/05/the-judge-trump-disparaged-as-mexican-will-preside-over-an-important-border-wall-case/?utm_term=.9132e36814c3

Sierra Club Joins Conservation Groups to Challenge Border Wall

Sierra Club

San Diego, CA-- Today, advocates gathered in Southern California near a federal courthouse before a federal judge heard a legal challenge against the border wall. The U.S. District Court in Southern … Feb. 9, 2018 https://www.sierraclub.org/press-releases/2018/02/statement-sierra-club-joins-conservation-groups-challenge-border-wall

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6129117/center-for-biological-diversity-v-us-department-of-homeland-security/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0974-10165698.), filed by Center for Biological Diversity. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:17-cv-1215-GPC-WVG. Judge Gonzalo P. Curiel and Magistrate Judge William V. Gallo are assigned to the case. (Su, Anchun Jean)(mpl) (jao). (Entered: 06/15/2017)

1 Civil Cover Sheet

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June 15, 2017 RECAP
2

NOTICE of Party With Financial Interest by Center for Biological Diversity re 1 Complaint. No Parties With Financial Interest. (mpl) (jao). (Entered: 06/15/2017)

June 15, 2017 RECAP
3

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. (mpl) (jao). (Entered: 06/15/2017)

June 15, 2017 RECAP
4

NOTICE of Appearance by Brian P. Segee on behalf of Center for Biological Diversity (Segee, Brian)Attorney Brian P. Segee added to party Center for Biological Diversity(pty:pla) QC email, missing certificate of service (dlg). (Entered: 07/07/2017)

July 7, 2017 PACER
5

NOTICE of Appearance by John Peter Rose on behalf of Center for Biological Diversity (Rose, John)Attorney John Peter Rose added to party Center for Biological Diversity(pty:pla) QC email, missing certificate of service (dlg). (Entered: 07/07/2017)

July 7, 2017 PACER
6

FIRST AMENDED COMPLAINT (First) against All Defendants, filed by Center for Biological Diversity. (Segee, Brian) (dlg). (Entered: 07/07/2017)

July 7, 2017 PACER
7

CERTIFICATE OF SERVICE by Center for Biological Diversity re 4 Notice of Appearance (Segee, Brian) (dlg). (Entered: 07/10/2017)

July 10, 2017 PACER
8

CERTIFICATE OF SERVICE by Center for Biological Diversity re 5 Notice of Appearance (Rose, John) (dlg). (Entered: 07/10/2017)

July 10, 2017 PACER
9

SUMMONS Returned Executed by Center for Biological Diversity. All Defendants served. (Su, Anchun Jean) (dlg). (Entered: 07/10/2017)

July 10, 2017 RECAP
10

Ex Parte MOTION for Extension of Time to File Response to First Amended Complaint (Unopposed) by U.S. Customs and Border Protections, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party U.S. Customs and Border Protections(pty:dft), Attorney Katherine Lind Parker added to party U.S. Department of Homeland Security(pty:dft) (dlg). (Entered: 07/14/2017)

July 14, 2017 PACER
11

ORDER Granting 10 Defendants Ex Parte Application for Extension of Time to File Responses to the First Amended Complaint. Defendants shall have until September 5, 2017, to file their responses to the First Amended Complaint. Signed by Judge Gonzalo P. Curiel on 7/17/17. (dlg) (Entered: 07/17/2017)

July 17, 2017 PACER
12

Joint MOTION for Order Regarding Further Proceedings by Center for Biological Diversity. (Segee, Brian) (dlg). (Entered: 08/22/2017)

Aug. 22, 2017 PACER
13

NOTICE of Appearance by Galen N. Thorp on behalf of U.S. Customs and Border Protections, U.S. Department of Homeland Security (Thorp, Galen)Attorney Galen N. Thorp added to party U.S. Customs and Border Protections(pty:dft), Attorney Galen N. Thorp added to party U.S. Department of Homeland Security(pty:dft) (Entered: 08/23/2017)

Aug. 23, 2017 PACER
14

ORDER Granting Joint 12 Motion for Order Regarding Further Proceedings. Plaintiff shall file any amended pleading by September 6, 2017. Defendants shall file their motion to dismiss Plaintiff's amended pleading. Plaintiff shall file an opposition to Defendants' motion to dismiss by November 3, 2017. Defendants shall file a reply in support of their motion to dismiss by November 17, 2017. The Court sets a hearing on Defendants' motion to dismiss on December 15, 2017 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 8/24/17. (dlg) (Entered: 08/24/2017)

Aug. 24, 2017 PACER
15

NOTICE of Appearance by Brendan R Cummings on behalf of Center for Biological Diversity (Cummings, Brendan)Attorney Brendan R Cummings added to party Center for Biological Diversity(pty:pla) (dlg). (Entered: 09/06/2017)

Sept. 6, 2017 PACER
16

Second AMENDED COMPLAINT (Second) against All Defendants, filed by Center for Biological Diversity.New Summons Requested. (Segee, Brian)SUMMONS REQUESTED Modified on 9/6/2017 (dlg). (dlg). (Entered: 09/06/2017)

Sept. 6, 2017 RECAP
17

Summons Issued re Second Amended Complaint. 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. (dlg) (Entered: 09/07/2017)

Sept. 7, 2017 PACER
18

MOTION to Dismiss by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security. (Attachments: # 1 Memo of Points and Authorities, # 2 Exhibit, # 3 Proof of Service)(Thorp, Galen)Attorney Galen N. Thorp added to party Elaine Duke(pty:dft) (dlg). (Entered: 10/06/2017)

Oct. 6, 2017 PACER
19

*** WITHDRAWN PER ECF 20 *** Joint MOTION to Consolidate Cases, Joint MOTION for Order Regarding Further Proceedings by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security. (Thorp, Galen) QC email, documents are not signed. Attorney should withdraw and refile (dlg). Modified on 10/23/2017 (dlg). (Entered: 10/19/2017)

Oct. 19, 2017 PACER
20

NOTICE OF WITHDRAWAL OF DOCUMENT by Elaine Duke, U.S. Department of Homeland Security, U.S. Customs and Border Protections re 19 Joint MOTION to Consolidate Cases Joint MOTION for Order Regarding Further Proceedings filed by U.S. Department of Homeland Security, Elaine Duke, U.S. Customs and Border Protections . (Thorp, Galen) (dlg). (Entered: 10/20/2017)

Oct. 20, 2017 PACER
21

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

Oct. 20, 2017 RECAP
22

CONSOLIDATION ORDER (re ecf 21 ). Cases Consolidated. All future docketing will be done in the lead case. A hearing on the cross-motion for summary judgment shall be held on February 9, 2018 at 1:30 p.m. in Courtroom 2D. Signed by Judge Gonzalo P. Curiel on 10/24/17.(dlg) (Entered: 10/24/2017)

Oct. 24, 2017 RECAP
23

*** WITHDRAWN PER ECF 25 *** AMENDED COMPLAINT against Acting Commissioner Kevin K. McAleenan, Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America, filed by Sierra Club, Defenders of Wildlife, Animal Legal Defense Fund. (Smith, Gloria) QC email, document is not signed. Attorney should withdraw and refile with a proper signature (dlg). Modified on 11/22/2017 (dlg). (Entered: 11/20/2017)

Nov. 20, 2017 PACER
24

NOTICE OF STATEMENT OF UNDISPUTED MATERIAL FACTS by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security re 18 MOTION to Dismiss (Thorp, Galen) qc email re missing certificate of service (dlg). (Entered: 11/21/2017)

Nov. 21, 2017 PACER
25

NOTICE OF WITHDRAWAL OF DOCUMENT by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club re 23 Amended Complaint, filed by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club . (Smith, Gloria) (dlg). (Entered: 11/21/2017)

Nov. 21, 2017 PACER
26

First AMENDED COMPLAINT against Acting Commissioner Kevin K. McAleenan, Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America, filed by Sierra Club, Animal Legal Defense Fund, Defenders of Wildlife. (Smith, Gloria) (dlg). (Entered: 11/21/2017)

Nov. 21, 2017 RECAP
27

CERTIFICATE OF SERVICE by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security re 24 Notice (Other), (Thorp, Galen)(mpl). (Entered: 11/22/2017)

Nov. 22, 2017 PACER
28

Cross MOTION for Summary Judgment by Center for Biological Diversity. (Attachments: # 1 Memo of Points and Authorities in support of cross motion for summary judgment and in opposition to defendants' motion for summary judgment, # 2 Statement of Facts, # 3 Declaration of Jill Marie Holslin, # 4 Declaration of Christoper D. Nagano, # 5 Declaration of Peter Galvin)(Segee, Brian) (mpl). (Entered: 11/22/2017)

Nov. 22, 2017 PACER
29

MOTION for Summary Judgment by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. (Attachments: # 1 Memo of Points and Authorities, # 2 Statement of Facts, # 3 Exhibit)(Paben, Brett)Attorney Brett Michael Paben added to party Animal Legal Defense Fund(pty:pla), Attorney Brett Michael Paben added to party Sierra Club(pty:pla) (mpl). (Entered: 11/22/2017)

1 Memo of Points and Authorities

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2 Statement of Facts

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3 Exhibit

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Nov. 22, 2017 RECAP
30

MOTION for Summary Judgment by California Coastal Commission, The, People of the State of California, The. (Attachments: # 1 Statement of Facts, # 2 Memo of Points and Authorities, # 3 Declaration of Michael Cayaban, # 4 Exhibit 1-5, # 5 Exhibit 6-9, # 6 Exhibit 10-26, # 7 Declaration Kevin Clark, # 8 Declaration S. Vanderplank, # 9 Declaration Mark Delaplaine)(Cayaban, Michael) (mpl). (Entered: 11/22/2017)

2

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Nov. 22, 2017 RECAP
31

NOTICE by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club re 29 MOTION for Summary Judgment (Paben, Brett) (mpl). (Entered: 11/22/2017)

Nov. 22, 2017 PACER
32

Amended DECLARATION re 30 MOTION for Summary Judgment Am. Decl. of Michael Cayaban to include Table of Contents missing page by Plaintiffs California Coastal Commission, The, People of the State of California, The. (Cayaban, Michael) (dlg). (Entered: 11/27/2017)

Nov. 27, 2017 PACER
33

AMENDED DOCUMENT by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. Amendment to 29 MOTION for Summary Judgment # 2 Statement of Facts. (Attachments: # 1 Declaration Timothy R. Ryan, # 2 Declaration Robert Knaier, # 3 Declaration Jill Marie Holslin)(Paben, Brett) (dlg). (Entered: 12/12/2017)

Dec. 12, 2017 PACER
34

SUMMONS Returned Executed by Center for Biological Diversity. Elaine Duke served. (Segee, Brian) (dlg). (Entered: 12/14/2017)

Dec. 14, 2017 PACER
35

Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motions for Summary Judgment by Acting Commissioner Kevin K. McAleenan, Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Memo of Points and Authorities, # 2 Statement of Facts, # 3 Statement of Facts (Response to Plaintiffs' Statements), # 4 Exhibit 20, # 5 Exhibit 21, # 6 Exhibit 22, # 7 Proof of Service)(Thorp, Galen) (dlg). Modified on 1/12/2018 to send QC email for attorney to submit courtesy copies (dlg). (Entered: 12/20/2017)

Dec. 20, 2017 PACER
36

REPLY to Response to Motion re 28 Cross MOTION for Summary Judgment filed by Center for Biological Diversity. (Segee, Brian) (dlg). Modified on 1/17/2018 to send qc email for attorney to submit courtesy copies (dlg). (Entered: 01/05/2018)

Jan. 5, 2018 PACER
37

MOTION for Leave to File NOTICE OF MOTION AND MOTION BY MEMBERS OF THE CONGRESSIONAL HISPANIC CAUCUS FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR SUMMARY JUDGMENT by Members of the Congressional Hispanic Caucus. (Attachments: # 1 Memo of Points and Authorities MEMORANDUM OF POINTS AND AUTHORITIES BY MEMBERS OF THE CONGRESSIONAL HISPANIC CAUCUS IN SUPPORT OF PLAINTIFFS MOTIONS FOR SUMMARY JUDGMENT, # 2 [PROPOSED] ORDER GRANTING LEAVE TO FILE AMICUS CURIAE BRIEF BY MEMBERS OF THE CONGRESSIONAL HISPANIC CAUCUS)(Sivas, Deborah)Attorney Deborah Ann Sivas added to party Members of the Congressional Hispanic Caucus(pty:am) (dlg). (Entered: 01/05/2018)

Jan. 5, 2018 PACER
38

RESPONSE in Opposition re 35 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motions for Summary Judgment - Coalition Plaintiffs Combined Memorandum in Opposition to Defendants Cross-Motion for Summary Judgment and Reply to Defendants Motion for Summary Judgment filed by Sierra Club. (Attachments: # 1 Statement of Facts Response to Defendants Statement of Undisputed Material Facts)(Smith, Gloria) (dlg). Modified on 1/17/2018 to send qc email for attorney to submit courtesy copies(dlg). (Entered: 01/05/2018)

Jan. 5, 2018 PACER
39

REPLY to Response to Motion re 35 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motions for Summary Judgment, 30 MOTION for Summary Judgment filed by California Coastal Commission, The. (Attachments: # 1 Supplement California's Response to Defendants' Statement of Undisputed Facts and Supplemental Statement of Facts in Opposition to Defendant's Cross-Motion for Summary Judgment)(Cayaban, Michael) (dlg). (Entered: 01/05/2018)

Jan. 5, 2018 PACER
40

MOTION for Extension of Time to File Response/Reply (with consent of all plaintiffs) by Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America. (Thorp, Galen) Modified on 1/17/2018 to send qc email for attorney to submit proposed order (dlg). (Entered: 01/16/2018)

Jan. 16, 2018 PACER
41

ORDER Granting Defendants' Unopposed 40 Motion for Extension of Time. Defendants' reply brief in support of their motion for summary judgment shall be due on or before January 23, 2018. Signed by Judge Gonzalo P. Curiel on 1/18/18. (dlg) (Entered: 01/18/2018)

Jan. 18, 2018 PACER
42

REPLY to Response to Motion re 35 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motions for Summary Judgment filed by Acting Commissioner Kevin K. McAleenan, Elaine Duke, U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America. (Attachments: # 1 Statement of Facts (Revised Resp. to Cal. Stmt.), # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Proof of Service)(Thorp, Galen) (dlg). (Entered: 01/23/2018)

1 Statement of Facts (Revised Resp. to Cal. Stmt.)

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2 Exhibit 23

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3 Exhibit 24

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4 Exhibit 25

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5 Exhibit 26

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6 Exhibit 27

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7 Proof of Service

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Jan. 23, 2018 RECAP
43

ORDER Granting 37 Motion for Leave to File Amicus Curiae Brief by Members of the Congressional Hispanic Caucus. Signed by Judge Gonzalo P. Curiel on 2/7/18. (dlg) (Entered: 02/07/2018)

Feb. 7, 2018 PACER
44

Minute Order. for proceedings held before Judge Gonzalo P. Curiel: Motion Hearing held on 2/9/2018. re 18 Motion to Dismiss - Submitted; 28 Motion for Summary Judgment - Submitted; 29 Motion for Summary Judgment - submitted; 30 Motion for Summary Judgment - Submitted; 35 Motion for Summary Judgment - Submitted; Court directs parties to brief the issue re consultation and briefs due by Close of Business on 2/13/18. Then Court to issue written Order. (Court Reporter/ECR Chari Bowery). (Plaintiff Attorney Michael Cayaban; Noah Golden Frasner; Brian Segee, Brendan Cummings and Sarah Hanneken (Animal Legal Defense Fund)).(Defendant Attorney Galen Thorp. (Michael Felts (CBP) and William Bresnick (DHS)). (no document attached) (ksr) (Entered: 02/09/2018)

Feb. 9, 2018 PACER
45

NOTICE OF FILING OF OFFICIAL TRANSCRIPT (Motion Hearing) held on 2/9/2018, before Judge Gonzalo P. Curiel. Court Reporter/Transcriber: Chari L. Bowery. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 3/5/2018. Redacted Transcript Deadline set for 3/15/2018. Release of Transcript Restriction set for 5/14/2018. (akr) (Entered: 02/13/2018)

Feb. 12, 2018 PACER
46

RESPONSE re 44 Order on Motion for Summary Judgment, Order on Motion to Dismiss, Motion Hearing, Motions Submitted, filed by Animal Legal Defense Fund, Defenders of Wildlife, Sierra Club. (Smith, Gloria) (dlg). (Entered: 02/13/2018)

Feb. 13, 2018 PACER
47

SUPPLEMENTAL BRIEFING by Plaintiff Center for Biological Diversity re 28 Cross MOTION for Summary Judgment regarding consultation. (Segee, Brian) (dlg). (Entered: 02/13/2018)

Feb. 13, 2018 PACER
48

SUPPLEMENTAL BRIEFING by Plaintiff California Coastal Commission, The re 30 MOTION for Summary Judgment . (Cayaban, Michael) (dlg). (Entered: 02/13/2018)

Feb. 13, 2018 PACER
49

SUPPLEMENTAL BRIEFING by Defendants U.S. Customs and Border Protections, U.S. Department of Homeland Security, United States of America . (Attachments: # 1 Exhibit 28, # 2 Exhibit 29, # 3 Exhibit 30, # 4 Exhibit 31, # 5 Exhibit 31.A, # 6 Exhibit 31.B, # 7 Exhibit 31.C, # 8 Exhibit 31.D, # 9 Exhibit 31.E, # 10 Exhibit 31.F, # 11 Exhibit 31.G, # 12 Exhibit 31.H-Q, # 13 Exhibit 31.R-T, # 14 Exhibit 31.U, # 15 Proof of Service)(Thorp, Galen) (dlg). (Entered: 02/13/2018)

Feb. 13, 2018 PACER
50

ORDER Denying Plaintiffs' Motions for Summary Judgment and Granting Defendants' Motions for Summary Judgment (ECF Nos. 18, 28, 29, 30, 35 ). The Court denies Plaintiffs' motions for summary judgment and grants Defendants' motions for summary judgment with the exception of the Center Plaintiff's seventh cause of action for FOIA violations. Signed by Judge Gonzalo P. Curiel on 2/27/18. (dlg) (jao). (Entered: 02/27/2018)

Feb. 27, 2018 RECAP
51

Notice of Document Discrepancies and Order Thereon by Judge Gonzalo P. Curiel Rejecting Document: Emergency Motion to Intervene for a Declaratory Judgment as Necessary Parties for "Remediation of Defendants' Inability to Timely Resolve Immigration Border Wall and [DACA/DAPA] Solution", With Brief-In-Support. Non-compliance with local rule(s), OTHER: Failure to comply with intervention under Federal Rule of Civil Procedure 24, Rejected document was returned to the filer. Signed by Judge Gonzalo P. Curiel on 3/21/18.(All non-registered users served via U.S. Mail Service)(dlg) (Additional attachment(s) added on 3/21/2018: # 1 Rejected Document) (dlg). (Entered: 03/21/2018)

March 21, 2018 PACER
52

Joint MOTION to Dismiss Plaintiff's FOIA Claims by Center for Biological Diversity. (Segee, Brian) (dlg). Modified on 3/26/2018 to send qc email for attorney to submit proposed order (dlg). (Entered: 03/23/2018)

March 23, 2018 PACER
53

ORDER Granting Joint 52 Motion for Dismissal of FOIA Claims With Prejudice. Signed by Judge Gonzalo P. Curiel on 3/26/18. (dlg) (jao). (Entered: 03/26/2018)

March 26, 2018 RECAP
54

CLERK'S JUDGMENT re 50 . The Court DENIES Plaintiffs' motions for summary judgment and GRANTS Defendants' motions for summary judgment (dlg) (Main Document 54 replaced on 3/26/2018 to edit text in clerk's judgment per dj chambers)(jao). (Entered: 03/26/2018)

March 26, 2018 PACER
55

NOTICE OF APPEAL to the 9th Circuit as to 50 Order Denying Plaintiffs' Motions for Summary Judgment and Granting Defendants' Motions for Summary Judgment, by Center for Biological Diversity. (Filing fee $ 505 receipt number 0974-11094454.) (Notice of Appeal electronically transmitted to US Court of Appeals.) (Attachments: # 1 Representation Statement, # 2 Order, # 3 Judgment)(Segee, Brian). (Modified on 4/9/2018: Edited docket text re linked Order.) (akr). (Entered: 04/09/2018)

April 9, 2018 PACER
56

USCA Case Number 18-55474 for 55 Notice of Appeal to 9th Circuit, filed by Center for Biological Diversity. (akr) (Entered: 04/11/2018)

April 11, 2018 PACER
57

USCA Time Schedule Order as to 55 Notice of Appeal to 9th Circuit, filed by Center for Biological Diversity. (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 PACER
58

ORDER of USCA as to 55 Notice of Appeal to 9th Circuit, filed by Center for Biological Diversity. 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 PACER
59

ORDER of USCA as to 55 Notice of Appeal to 9th Circuit, filed by Center for Biological Diversity. 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 PACER
60

MANDATE of USCA affirming the decision of the USDC as to 55 Notice of Appeal to the 9th Circuit filed by Center for Biological Diversity. (akr) (Entered: 04/18/2019)

April 18, 2019 PACER

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Trump Administration FOIA cases

Key Dates

Filing Date: June 15, 2017

Closing Date: April 18, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Environmental organization.

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

U.S. Customs and Border Protection, Federal

Case Details

Causes of Action:

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

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Record-keeping

Records Disclosure

Immigration/Border:

Border wall