Case: State of Texas v. Joseph R. Biden, Jr.

3:21-cv-00065 | U.S. District Court for the Southern District of Texas

Filed Date: March 17, 2021

Closed Date: Jan. 6, 2022

Clearinghouse coding complete

Case Summary

On March 17, 2021, 21 states sued the United States government, including President Biden and other high-ranking federal officials, in the United States District Court for the Southern District of Texas over the Biden Administration’s revocation of the permit for the building of the Keystone XL pipeline. The Keystone XL pipeline is part of a larger system of pipelines designed to transport approximately 830,000 barrels of oil from Canada into various parts of the United States. Immediately afte…

On March 17, 2021, 21 states sued the United States government, including President Biden and other high-ranking federal officials, in the United States District Court for the Southern District of Texas over the Biden Administration’s revocation of the permit for the building of the Keystone XL pipeline. The Keystone XL pipeline is part of a larger system of pipelines designed to transport approximately 830,000 barrels of oil from Canada into various parts of the United States. Immediately after taking office, President Biden issued Executive Order 13990 that revoked the permit previously issued for the Keystone XL pipelines during the Trump Administration as part of his cleaner energy environmental policies.

The states alleged that President Biden violated the U.S. Constitution’s separation of powers when he issued Executive Order 13990 because the power to regulate foreign and interstate commerce belongs to Congress and not the President. Further, if Congress had allowed the President to revoke the pipeline, it would violate the nondelegation doctrine, which prevents Congress from delegating its legislative powers to the President. In addition, the states alleged that cabinet officials and federal agencies violated their statutory authority by enforcing this order, and that the order was arbitrary and capricious in violation of the APA. Lastly, the states alleged that the federal agencies’ actions did not go through notice and comment as required by the APA.

The states sought declaratory and injunctive relief, including permanently enjoining the Biden administration from taking any action to enforce, implement, or otherwise put into effect the decision to revoke the permit, as well as reasonable costs and attorney’s fees. The case was assigned to Judge Jeffrey Vincent Brown.

On June 1, 2021, the states filed an Amended Complaint. Two additional states joined as plaintiffs and additional agency officials were named as defendants.

On July 12, 2021, the Biden Administration filed a motion to dismiss for lack of subject matter jurisdiction and for failure to state a claim. They claimed the permit issued during the Trump Administration provided that it “may be terminated, revoked, or amended at any time at the sole discretion of the President” and the states didn't question President Trump’s authority to have issued it in the first place. In addition, the company in charge of the Keystone XL pipeline terminated the project and announced it would not pursue any permits for it, now or in the future, making the states’ claims moot. Further, the Biden Administration argued that the states did not have standing to sue because they lacked a cognizable injury in fact and with the termination of the Keystone XL pipeline, any asserted injuries could no longer be redressed by a court order, so the court lacked the subject matter jurisdiction to hear the case. Finally, the Administration argued that the court couldn't grant relief under the APA because it is inapplicable to the President.

In addition, the Biden Administration argued that the Amended Complaint failed to state a claim upon which relief can be granted because the President’s Article II powers encompass the authority to control border crossings, as the pipeline extends from Canada into the United States. Thus, the President had the constitutional authority to revoke the permit. Subsequently, on July 13, 2021, the court stayed discovery until the motion was decided. Oral argument was held on December 8, 2021.

On January 6, 2022, the court granted the Biden Administration’s motion to dismiss. 578 F.Supp.3d 849. The court held that the lawsuit was moot since the company behind the Keystone XL pipeline abandoned the project and stated it would not try to obtain a permit, now or in the future. Thus, there was no live controversy for the court to adjudicate and any rulings the court would make on the permit would have no impact. There were no appeals after the case was dismissed.

The case is now closed.

Summary Authors

Venesa Haska (2/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59742058/parties/state-of-texas-v-joseph-r-biden-jr/


Attorney for Plaintiff

Dewhirst, David M.S. (Montana)

Hansen, Kristin (Montana)

Knudsen, Austin (Montana)

Attorney for Defendant

Hofmann, Michael J (Texas)

Expert/Monitor/Master/Other

Guerra, Joseph R (Texas)

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Documents in the Clearinghouse

Document
1

3:21-cv-00065

Complaint

March 17, 2021

March 17, 2021

Complaint

2021 WL 2021

71

3:21-cv-00065

First Amended Complaint

June 1, 2021

June 1, 2021

Complaint

2021 WL 2021

150

3:21-cv-00065

Memorandum Opinion and Order

Jan. 6, 2022

Jan. 6, 2022

Order/Opinion

578 F.Supp.3d 578

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59742058/state-of-texas-v-joseph-r-biden-jr/

Last updated April 7, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 402 receipt number 0541-26128483) filed by State of Oklahoma, State of West Virginia, State of Indiana, State of Montana, State of Kansas, State of Wyoming, State of Texas, State of Mississippi, State of South Dakota, State of Arizona, State of Kentucky, State of Alabama, State of Missouri, State of South Carolina, State of Utah, State of Ohio, State of Louisiana, State of Arkansas, State of Nebraska, State of North Dakota, State of Georgia.(Walters, Ryan) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

Clearinghouse
2

Civil Cover Sheet by State of Alabama, State of Arizona, State of Arkansas, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, filed.(Walters, Ryan) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
3

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/12/2021 at 09:30 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

RECAP
4

MOTION for Jean Lin to Appear Pro Hac Vice by Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, Antony J. Blinken, in his official capacity as Secretary of the Department of State, Jane Nishida, in her official capacity as Acting Administrator of the Environmental Protection Agency, Jennifer Granholm, in her official capacity as Secretary of the Department of Energy, Joseph R. Biden, Jr., in his official capacity as President of the United States, Merrick B. Garland, in his official capacity as Attorney General of the United States, Pete Buttigieg, in his official capacity as Secretary of Transportation, Scott De La Vega, in his official capacity as Acting Secretary of the Interior, United States Of America, filed. Motion Docket Date 4/8/2021. (Thorp, Galen) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
5

MOTION for Robert J. Makar to Appear Pro Hac Vice by State of Arizona, filed. Motion Docket Date 4/9/2021. (Attachments: # 1 Letter of Good Standing)(mmapps, 4) (Entered: 03/19/2021)

March 19, 2021

March 19, 2021

PACER
6

ORDER granting 5 Motion for Robert J. Makar to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
7

ORDER granting 4 Motion for Jean Lin to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
8

MOTION for Stuart J. Robinson to Appear Pro Hac Vice by Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, Antony J. Blinken, in his official capacity as Secretary of the Department of State, Jane Nishida, in her official capacity as Acting Administrator of the Environmental Protection Agency, Jennifer Granholm, in her official capacity as Secretary of the Department of Energy, Joseph R. Biden, Jr., in his official capacity as President of the United States, Merrick B. Garland, in his official capacity as Attorney General of the United States, Pete Buttigieg, in his official capacity as Secretary of Transportation, Scott De La Vega, in his official capacity as Acting Secretary of the Interior, United States Of America, filed. Motion Docket Date 4/12/2021. (Lin, Jean) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
9

MOTION for Kevin Snell to Appear Pro Hac Vice by Alejandro Mayorkas, in his official capacity as Secretary of the Department of Homeland Security, Antony J. Blinken, in his official capacity as Secretary of the Department of State, Jane Nishida, in her official capacity as Acting Administrator of the Environmental Protection Agency, Jennifer Granholm, in her official capacity as Secretary of the Department of Energy, Joseph R. Biden, Jr., in his official capacity as President of the United States, Merrick B. Garland, in his official capacity as Attorney General of the United States, Pete Buttigieg, in his official capacity as Secretary of Transportation, Scott De La Vega, in his official capacity as Acting Secretary of the Interior, United States Of America, filed. Motion Docket Date 4/12/2021. (Lin, Jean) (Entered: 03/22/2021)

March 22, 2021

March 22, 2021

PACER
10

ORDER granting 8 Motion for Stuart J. Robinson to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

PACER
11

ORDER granting 9 Motion for Kevin Snell to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/23/2021)

March 23, 2021

March 23, 2021

PACER
12

MOTION for Justin D Lavene to Appear Pro Hac Vice by State of Nebraska, Douglas J. Peterson, Nebraska Attorney General filed. Motion Docket Date 4/14/2021. (mmapps, 4) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
13

ORDER (Signed by Magistrate Judge Andrew M Edison) Parties notified.(agould, 3) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

RECAP
14

Request for Issuance of Summons as to All Defendants, filed. (Attachments: # 1 Joseph R. Biden, Jr., in his official capacity as President of the United States, # 2 Antony J. Blinken, in his official capacity as Secretary of the Department of State, # 3 Merrick B. Garland, in his official capacity as Attorney General of the United States, # 4 Alejandro Mayorkas, Secretary of the United States Department of Homeland Security, # 5 Deb Haaland, in her official capacity as U.S. Secretary of the Interior, # 6 Jennifer Granholm, in her official capacity as Secretary of the Department of Energy, # 7 Pete Buttigieg in his official capacity as Secretary of Transportation, # 8 Michael S. Regan, in his official capacity as Administrator of the Environmental Protection Agency)(Walters, Ryan) (Entered: 03/24/2021)

March 24, 2021

March 24, 2021

PACER
15

MOTION for Edmund G. LaCour Jr. to Appear Pro Hac Vice by State of Alabama, filed. Motion Docket Date 4/15/2021. (LaCour, Edmund) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
16

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by NEF & First-class mail, filed. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(JessicaVillarreal, 3) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
17

First MOTION for David M.S. Dewhirst to Appear Pro Hac Vice by State of Montana, filed. Motion Docket Date 4/15/2021. (Dewhirst, David) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
18

MOTION for Nicholas J. Bronni to Appear Pro Hac Vice by State of Arkansas, filed. Motion Docket Date 4/15/2021. (mmapps, 4) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
19

MOTION for Matthew A Sagsveen to Appear Pro Hac Vice by State of North Dakota, filed. Motion Docket Date 4/15/2021. (mmapps, 4) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
20

ORDER granting 18 Motion for Nicholas J. Bronni to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
21

ORDER granting 19 Motion for Matthew A. Sagsveen to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
22

ORDER granting 17 Motion for David M.S. Dewhirst to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
23

ORDER granting 15 Motion for Edmund Gerard LaCour Jr. to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
24

ORDER granting 12 Motion for Justin D. Lavene to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/25/2021)

March 25, 2021

March 25, 2021

PACER
25

MOTION for Travis S. Jordan to Appear Pro Hac Vice by State of Wyoming, filed. Motion Docket Date 4/16/2021. (agould, 3) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
26

ORDER granting 25 Motion for Travis S. Jordan to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/26/2021)

March 26, 2021

March 26, 2021

PACER
27

MOTION for Jeffery J. Tronvold to Appear Pro Hac Vice by State of South Dakota, filed. Motion Docket Date 4/19/2021. (mmapps, 4) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
28

MOTION for James Emory Smith, Jr to Appear Pro Hac Vice by State of South Carolina, filed. Motion Docket Date 4/19/2021. (mmapps, 4) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
29

MOTION for Brant M. Laue to Appear Pro Hac Vice by State of Kansas, filed. Motion Docket Date 4/19/2021. (ltrevino, 3) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
30

MOTION for Andrew A. Pinson to Appear Pro Hac Vice by State of Georgia, filed. Motion Docket Date 4/19/2021. (ltrevino, 3) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
31

MOTION for Benjamin M. Flowers to Appear Pro Hac Vice by State of Ohio, filed. Motion Docket Date 4/19/2021. (DesireeSillas, 4) (Entered: 03/29/2021)

March 29, 2021

March 29, 2021

PACER
32

ORDER granting 27 Motion for Jeffery J. Tronvold to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
33

ORDER granting 28 Motion for James Emory Smith Jr. to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
34

ORDER granting 29 Motion for Brant M. Laue to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
35

ORDER granting 30 Motion for Andrew A. Pinson to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
36

ORDER granting 31 Motion for Benjamin M. Flowers to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
37

MOTION for Victor B Maddox to Appear Pro Hac Vice by State of Kentucky, filed. Motion Docket Date 4/20/2021. (agould, 3) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
38

MOTION for Marc Manley to Appear Pro Hac Vice by State of Kentucky, filed. Motion Docket Date 4/20/2021. (agould, 3) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
39

MOTION for Krissy Nobile to Appear Pro Hac Vice by State of Mississippi, filed. Motion Docket Date 4/20/2021. (olindor, 4) (Entered: 03/30/2021)

March 30, 2021

March 30, 2021

PACER
40

CERTIFICATE OF INTERESTED PARTIES by Joseph R Biden, Jr, Antony J. Blinken, Pete Buttigieg, Scott De La Vega, Merrick B Garland, Jennifer Granholm, Alejandro Mayorkas, Jane Nishida, United States Of America, filed.(Lin, Jean) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER
41

ORDER granting 37 Motion for Victor B. Maddox to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER
42

ORDER granting 38 Motion for Marc Manley to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER
43

ORDER granting 39 Motion for Krissy C. Nobile to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 03/31/2021)

March 31, 2021

March 31, 2021

PACER
44

CERTIFICATE OF INTERESTED PARTIES by State of Alabama, State of Arizona, State of Arkansas, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, filed.(Walters, Ryan) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
45

NOTICE of Appearance by Patrick K. Sweeten on behalf of State of Texas, filed. (Sweeten, Patrick) (Entered: 04/01/2021)

April 1, 2021

April 1, 2021

PACER
46

MOTION for James A Campbell to Appear Pro Hac Vice by State of Nebraska, filed. Motion Docket Date 4/26/2021. (mmapps, 4) (Entered: 04/05/2021)

April 5, 2021

April 5, 2021

PACER
47

ORDER granting 46 Motion for James A. Campbell to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
48

MOTION for D John Sauer to Appear Pro Hac Vice by State of Missouri, filed. Motion Docket Date 4/27/2021. (mmapps, 4) (Entered: 04/06/2021)

April 6, 2021

April 6, 2021

PACER
49

MOTION for Linday S. See to Appear Pro Hac Vice by State of West Virginia, filed. Motion Docket Date 4/28/2021. (mmapps, 4) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
50

ORDER granting 48 Motion for D. John Sauer to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
51

ORDER granting 49 Motion for Lindsay S. See to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 04/07/2021)

April 7, 2021

April 7, 2021

PACER
52

MOTION for Thomas M. Fisher to Appear Pro Hac Vice by State of Indiana, filed. Motion Docket Date 5/7/2021. (mmapps, 4) (Entered: 04/16/2021)

April 16, 2021

April 16, 2021

PACER
53

ORDER granting 52 Motion for Thomas M. Fisher to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
54

Mail Returned Undeliverable as to attorney James A Campbell as to State of Nebraska re: 47 Order on Motion to Appear Pro Hac Vice, filed. (JenniferLongoria, 1) (Entered: 04/19/2021)

April 19, 2021

April 19, 2021

PACER
55

RETURN of Service of SUMMONS Executed as to Joseph R Biden, Jr served on 3/30/2021, answer due 6/1/2021, filed.(Sweeten, Patrick) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
56

RETURN of Service of SUMMONS Executed as to Antony J. Blinken served on 3/30/2021, answer due 6/1/2021, filed.(Sweeten, Patrick) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
57

RETURN of Service of SUMMONS Executed as to Pete Buttigieg served on 3/30/2021, answer due 6/1/2021, filed.(Sweeten, Patrick) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
58

RETURN of Service of SUMMONS Executed as to Merrick B Garland served on 3/30/2021, answer due 6/1/2021, filed.(Sweeten, Patrick) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
59

RETURN of Service of SUMMONS Executed as to Alejandro Mayorkas served on 3/30/2021, answer due 6/1/2021, filed.(Sweeten, Patrick) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
60

RETURN of Service of SUMMONS Executed as to Jennifer Granholm served on 3/30/2021, answer due 6/1/2021, filed.(Sweeten, Patrick) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
61

RETURN of Service of SUMMONS Executed as to Scott De La Vega served on 3/30/2021, answer due 6/1/2021, filed.(Sweeten, Patrick) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
62

RETURN of Service of SUMMONS Executed as to Jane Nishida served on 3/30/2021, answer due 6/1/2021, filed.(Sweeten, Patrick) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
63

RETURN of Service of SUMMONS Executed as to United States Of America served on 3/30/2021, answer due 6/1/2021, filed.(Sweeten, Patrick) (Entered: 04/23/2021)

April 23, 2021

April 23, 2021

PACER
64

NOTICE of Resetting. Parties notified. Initial Conference set for 5/14/2021 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (ltrevino, 3) (Entered: 04/27/2021)

April 27, 2021

April 27, 2021

PACER
65

JOINT DISCOVERY/CASE MANAGEMENT PLAN by State of Alabama, State of Arizona, State of Arkansas, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, filed.(Walters, Ryan) (Entered: 05/05/2021)

May 5, 2021

May 5, 2021

PACER
66

ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference reset for 6/16/2021 at 09:30 AM in by video before Magistrate Judge Andrew M Edison(Signed by Judge Jeffrey V Brown) Parties notified.(agould, 3) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
67

MOTION for Justin L. Matheny to Appear Pro Hac Vice by State of Mississippi, filed. Motion Docket Date 6/3/2021. (Attachments: # 1 Certificate of Good Standing)(Matheny, Justin) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
68

ORDER granting 67 Motion for Justin L. Matheny to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
69

NOTICE of Appearance by Jeffrey M. White on behalf of State of Texas, filed. (White, Jeffrey) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
70

NOTICE of Joint Letter re: discovery dispute by State of Texas, filed. (Walters, Ryan) Modified on 6/3/2021 (GeorgeCardenas, 4). (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER
71

AMENDED COMPLAINT against All Defendants filed by State of Oklahoma, State of West Virginia, State of Indiana, State of Montana, State of Kansas, State of Texas, State of Mississippi, State of South Dakota, State of Arizona, State of Kentucky, State of Alabama, State of Missouri, State of South Carolina, State of Wyoming, State of Utah, State of Ohio, State of Louisiana, State of Arkansas, State of Nebraska, State of North Dakota, State of Georgia, State of Alaska, State of Florida.(Walters, Ryan) (Entered: 06/01/2021)

June 1, 2021

June 1, 2021

Clearinghouse
72

Request for Issuance of Summons as to Rich Gonzalez, in his official capacity as Acting Chairman of the Advisory Council on Historic Preservation, filed.(Walters, Ryan) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
73

Request for Issuance of Summons as to Scott A. Spellmon, in his official capacity as Commanding General of the U.S. Army Corps of Engineers, filed.(Walters, Ryan) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
74

Request for Issuance of Summons as to Thomas J. Vilsack, in his official capacity as the Secretary of Agriculture, filed.(Walters, Ryan) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
75

NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re 70 MOTION, filed. (GeorgeCardenas, 4) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
76

NOTICE of Setting re: 70 MOTION. Parties notified. Discovery Hearing set for 6/7/2021 at 03:00 PM by video before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER
77

Summons Issued as to Rich Gonzalez, in his official capacity as Acting Chairman of the Advisory Council on Historic Preservation, Scott A. Spellmon, in his official capacity as Commanding General of the U.S. Army Corps of Engineers, Thomas J. Vilsack, in his official capacity as the Secretary of Agriculture, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by First-class mail, filed. (Attachments: # 1 Summons, # 2 Summons)(CynthiaBenavides, 3) (Entered: 06/03/2021)

June 3, 2021

June 3, 2021

PACER

Minute Entry Discovery Hearing [Dkt. 70] held before the Honorable Andrew M Edison on June 7, 2021. Argument presented to the Court by counsel. Motion 70 taken under advisement. Appearances: Ryan Walters for Plaintiffs; Jean Lin and Kevin Snell for Defendants. Appearances: Jean Lin, Kevin Snell, Ryan Daniel Walters.(Digital # 3:00pm - 4:10pm)(ERO:Y), filed.(agould, 3)

June 7, 2021

June 7, 2021

PACER

Discovery Hearing

June 7, 2021

June 7, 2021

PACER
78

RETURN of Service of SUMMONS Executed as to Rich Gonzalez, in his official capacity as Acting Chairman of the Advisory Council on Historic Preservation served on 6/8/2021, answer due 8/9/2021, filed.(Walters, Ryan) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
79

RETURN of Service of SUMMONS Executed as to Scott A. Spellmon, in his official capacity as Commanding General of the U.S. Army Corps of Engineers served on 6/8/2021, answer due 8/9/2021, filed.(Walters, Ryan) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
80

RETURN of Service of SUMMONS Executed as to Thomas J. Vilsack, in his official capacity as the Secretary of Agriculture served on 6/8/2021, answer due 8/9/2021, filed.(Walters, Ryan) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
81

MOTION for James H. Percival to Appear Pro Hac Vice by State of Florida, filed. Motion Docket Date 6/30/2021. (CynthiaBenavides, 3) (Entered: 06/09/2021)

June 9, 2021

June 9, 2021

PACER
82

Unopposed MOTION for Extension of Time To Respond to First Amended Complaint by Joseph R Biden, Jr, Antony J. Blinken, Pete Buttigieg, Scott De La Vega, Merrick B Garland, Jennifer Granholm, Alejandro Mayorkas, Jane Nishida, Rich Gonzalez, in his official capacity as Acting Chairman of the Advisory Council on Historic Preservation, Scott A. Spellmon, in his official capacity as Commanding General of the U.S. Army Corps of Engineers, Thomas J. Vilsack, in his official capacity as the Secretary of Agriculture, United States Of America, filed. Motion Docket Date 7/1/2021. (Attachments: # 1 Proposed Order)(Lin, Jean) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
83

MOTION for Elizabeth Baker Murrill to Appear Pro Hac Vice by State of Louisiana, filed. Motion Docket Date 7/1/2021. (MarySanchez, 3) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
84

MOTION for Joseph Scott St. John to Appear Pro Hac Vice by State of Louisiana, filed. Motion Docket Date 7/1/2021. (MarySanchez, 3) (Entered: 06/10/2021)

June 10, 2021

June 10, 2021

PACER
85

MOTION for Krissy C. Nobile to Withdraw as Attorney by State of Mississippi, filed. Motion Docket Date 7/2/2021. (Nobile, Krissy) (Entered: 06/11/2021)

June 11, 2021

June 11, 2021

PACER
86

ORDER granting 85 Motion to Withdraw as Attorney. Attorney Krissy C. Nobile terminated.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
87

ORDER granting 83 Motion for Elizabeth Baker Murrill to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
88

ORDER granting 84 Motion for Joseph Scott St. John to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
89

ORDER granting 82 Motion for Extension of Time Responses due by 6/22/2021..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
90

Joint MOTION for Continuance of Case Management Conference by State of Alabama, State of Alaska, State of Arizona, State of Arkansas, State of Florida, State of Georgia, State of Indiana, State of Kansas, State of Kentucky, State of Louisiana, State of Mississippi, State of Missouri, State of Montana, State of Nebraska, State of North Dakota, State of Ohio, State of Oklahoma, State of South Carolina, State of South Dakota, State of Texas, State of Utah, State of West Virginia, State of Wyoming, filed. Motion Docket Date 7/6/2021. (Attachments: # 1 Proposed Order)(Walters, Ryan) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
91

NOTICE of Resetting re: 66 Order for Initial Conference - FORM. Parties notified. Initial Conference reset for 7/27/2021 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (wbostic, 4) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
92

Unopposed MOTION for Extension of Time to Respond to First Amended Complaint by Joseph R Biden, Jr, Antony J. Blinken, Pete Buttigieg, Scott De La Vega, Merrick B Garland, Jennifer Granholm, Alejandro Mayorkas, Jane Nishida, Rich Gonzalez, in his official capacity as Acting Chairman of the Advisory Council on Historic Preservation, Scott A. Spellmon, in his official capacity as Commanding General of the U.S. Army Corps of Engineers, Thomas J. Vilsack, in his official capacity as the Secretary of Agriculture, filed. Motion Docket Date 7/6/2021. (Attachments: # 1 Proposed Order)(Lin, Jean) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
93

ORDER granting 92 Motion for Extension of Time Responses due by 6/29/2021..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
94

ORDER granting 81 Motion for James H. Percival to Appear Pro Hac Vice.(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 06/22/2021)

June 22, 2021

June 22, 2021

PACER
95

Unopposed MOTION for Extension of Time to file Motion to Dismiss by Joseph R Biden, Jr, Antony J. Blinken, Pete Buttigieg, Scott De La Vega, Merrick B Garland, Jennifer Granholm, Alejandro Mayorkas, Jane Nishida, Rich Gonzalez, in his official capacity as Acting Chairman of the Advisory Council on Historic Preservation, Scott A. Spellmon, in his official capacity as Commanding General of the U.S. Army Corps of Engineers, Thomas J. Vilsack, in his official capacity as the Secretary of Agriculture, United States Of America, filed. Motion Docket Date 7/14/2021. (Attachments: # 1 Proposed Order)(Lin, Jean) (Entered: 06/23/2021)

June 23, 2021

June 23, 2021

PACER
96

ORDER granting 95 Motion for Extension of Time Responses due by 7/13/2021..(Signed by Judge Jeffrey V Brown) Parties notified.(GeorgeCardenas, 4) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
97

Unopposed MOTION for Leave to File Excess Pages by Joseph R Biden, Jr, Antony J. Blinken, Pete Buttigieg, Scott De La Vega, Merrick B Garland, Jennifer Granholm, Alejandro Mayorkas, Jane Nishida, Rich Gonzalez, in his official capacity as Acting Chairman of the Advisory Council on Historic Preservation, Scott A. Spellmon, in his official capacity as Commanding General of the U.S. Army Corps of Engineers, Thomas J. Vilsack, in his official capacity as the Secretary of Agriculture, United States Of America, filed. Motion Docket Date 8/2/2021. (Attachments: # 1 Proposed Order)(Lin, Jean) (Entered: 07/12/2021)

July 12, 2021

July 12, 2021

PACER
98

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State A Claim by Joseph R Biden, Jr, Antony J. Blinken, Pete Buttigieg, Scott De La Vega, Merrick B Garland, Jennifer Granholm, Alejandro Mayorkas, Jane Nishida, Rich Gonzalez, in his official capacity as Acting Chairman of the Advisory Council on Historic Preservation, Scott A. Spellmon, in his official capacity as Commanding General of the U.S. Army Corps of Engineers, Thomas J. Vilsack, in his official capacity as the Secretary of Agriculture, United States Of America, filed. Motion Docket Date 8/2/2021. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11)(Lin, Jean) (Entered: 07/12/2021)

1 Index of Exhibits

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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July 12, 2021

July 12, 2021

RECAP

Case Details

State / Territory: Texas

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: March 17, 2021

Closing Date: Jan. 6, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

23 states

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Biden Administration (- United States (national) -), 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.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Commerce Power

Federalism (including 10th Amendment)

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief request withdrawn/mooted