Case: Public Employees for Environmental Responsibility v. Trump

8:25-cv-00260 | U.S. District Court for the District of Maryland

Filed Date: Jan. 28, 2025

Case Ongoing

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Case Summary

This case challenged the Trump Administration's alleged policy of politically motivated hiring and firing of career civil servants. On January 28, 2025, Public Employees for Environmental Responsibility (PEER) filed this lawsuit in the United States District Court for the District of Maryland. PEER sued President Donald J. Trump and the Office of Personnel Management (OPM) under the Civil Service Reform Act, the Administrative Procedure Act (APA), and the Fifth Amendment of the U.S. Constitution. PEER sought declaratory and injunctive relief, arguing that Executive Order (EO) 14171 was unlawful and exceeded President Trump's authority. In their amended complaint filed on March 12, 2025, the plaintiff also challenged the Jan. 27 OPM Memorandum. The amended lawsuit contended the EO and OPM Memo aimed to strip civil service protections from career federal employees, effectively reinstating a patronage-based system of hiring and firing. The case was assigned to Judge Paula Xinis.

At issue was Executive Order 13957, originally issued by President Trump in October 2020, which created a new category of federal employment called "Schedule F." This classification sought to remove due process protections from thousands of career civil servants in "policy-influencing positions," making them at-will employees. The Biden administration rescinded the order. Upon returning to office, however, Trump issued a nearly identical executive order, EO 14171, titled Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce on January 20, 2025. The order revived Schedule F, now renamed "Schedule Policy/Career," which allowed the president to reclassify career civil servants as at-will employees, exempting them from due process protections, hiring regulations, and job security measures. The EO claimed that certain federal employees in policymaking roles must be "accountable" to the president, but critics argued that it allowed mass firings of nonpartisan career officials. Also at issue was the OPM Memorandum which directed agencies to designate employees under Schedule F status.

PEER's complaint alleged that EO 14171 violated the Civil Service Reform Act, the Administrative Procedure Act, and the Fifth Amendment due process rights of federal employees. The lawsuit argued that the EO unlawfully bypassed statutory requirements by nullifying existing OPM regulations without undergoing the required notice-and-comment rulemaking process. Additionally, the lawsuit alleged that it violated Congress’s statutory limitation on the president’s authority to exclude employees from the competitive service. Further, the lawsuit alleged that it stripped employees of their vested rights without due process. The plaintiff contended that the executive action unlawfully overrode long-standing civil service protections designed to prevent politically motivated hiring and firing. Finally, the plaintiff alleged that the OPM memorandum violated the APA for unlawfully directing agencies to act in violation of the law by conforming with the EO and for failing to follow notice and comment procedure.

PEER sought multiple forms of relief, including: (1) A declaration that the Executive Order was ultra vires (beyond presidential authority) and in violation of federal statutes and the Fifth Amendment; (2) An injunction barring the federal government from implementing or enforcing the EO; (3) a declaration that the OMP Memorandum violated the APA; (4) A court order requiring OPM to continue enforcing regulations protecting career civil servants; and (5) an order vacating the OPM memo.

On April 22, the defendants filed a motion to dismiss. First, the defendants alleged that the plaintiffs lacked standing, since "the claims brought here challenge speculative possibilities and third-party reactions," rather than concrete injury. "That Plaintiff is now fielding inquiries, planning public education, altering its planned administrative activities, and generally expending money and time is insufficient" to show standing. Second, the defendants argued that the case was not ripe for a judicial decision, since this case " is one that challenges a preliminary agency policy that has not been—and may never be—enforced against the plaintiff." Third, the defendants stated that the plaintiffs' APA and ultra vires claims were barred, since the APA requires a final agency action, but there are no final actions here. Also, the ultra vires doctrine "is an extraordinary vehicle that requires an unambiguous lack of authority by the executive official sued, alongside a specific, direct, and immediate impact on the challenging party," which the plaintiff failed to show. Finally, the defendants claimed that they were likely to prevail on the merits anyway, so dismissal was warranted.

As of June 2025, this case is ongoing.

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Summary Authors

Jillian Snyman (3/19/2025)

Jeremiah Price (6/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69586644/parties/public-employees-for-environmental-responsibility-v-trump/

Judge(s)

Attorney for Plaintiff

Bingham, Lauren Crowell (Maryland)

Desta, Yoseph T. (Maryland)

Friedl, Kevin E. (Maryland)

Attorney for Defendant

Altabet, Jason (Maryland)

Bell, Kevin K. (Maryland)

Judge(s)

Xinis, Paula (Maryland)

Attorney for Plaintiff

Bingham, Lauren Crowell (Maryland)

Desta, Yoseph T. (Maryland)

Friedl, Kevin E. (Maryland)

Goldstein, Elena (Maryland)

Martinez, Michael (Maryland)

Nugent, Victoria S (Maryland)

Samburg, Mark B (Maryland)

Sherman, Donald K. (Maryland)

Sus, Nikhel S. (Maryland)

Weissglass, Jonathan (Maryland)

Attorney for Defendant

Altabet, Jason (Maryland)

Bell, Kevin K. (Maryland)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 8:25-cv-00260	Complaint for Declaratory and Injunctive Relief	Jan. 28, 2025	Jan. 28, 2025 Complaint
22 8:25-cv-00260	First Amended Complaint for Declaratory and Injunctive Relief	March 12, 2025	March 12, 2025 Complaint
22 8:25-cv-00260	First Amended Complaint for Declaratory and Injunctive Relief	March 12, 2025	March 12, 2025 Complaint
31-1 8:25-cv-00260	Memorandum in Support of Defendants' Motion to Dismiss	April 22, 2025	April 22, 2025 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
OPM Memo - Guidance on Implementing President Trump’s Executive Order titled, “Restoring Accountability To Policy-Influencing Positions Within the Federal Workforce” Charles Ezell	Providing guidance to the Heads and Acting Heads of all federal departments and agencies as to what types of federal positions should be reclassified under Executive Orders 14171 and 13957 as policy-…	Jan. 27, 2025	Jan. 27, 2025 https://www.opm.gov/...
EO 14171 - Restoring Accountability to Policy-Influencing Positions Within the Federal Workforce President Donald Trump	Reinstating Schedule F, giving the President more control over the hiring and firing practices in executive agency roles traditionally reserved for non-partisan career civil servants.	Jan. 20, 2025	Jan. 20, 2025 https://www.federalregister.gov/...
EO 13957 - Creating Schedule F in the Excepted Service President Donald Trump	Reclassifying certain civil service positions, defined as "positions of a confidential, policy-determining, policy-making, or policy-advocating character that are not normally subject to change as a …	Oct. 21, 2020	Oct. 21, 2020 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69586644/public-employees-for-environmental-responsibility-v-trump/

Last updated July 13, 2025, 1:33 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Charles Ezell, Office of Personnel Management, Donald J. Trump ( Filing fee $ 405 receipt number AMDDC-11733513.), filed by Public Employees for Environmental Responsibility. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Samburg, Mark) (Entered: 01/28/2025) 1 Civil Cover Sheet View on RECAP 2 Summons View on RECAP 3 Summons View on RECAP 4 Summons View on RECAP 5 Summons View on RECAP 6 Summons View on RECAP	Jan. 28, 2025	Jan. 28, 2025 Clearinghouse
2	NOTICE of Appearance by Mark B Samburg on behalf of Public Employees for Environmental Responsibility (Samburg, Mark) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 PACER
3	NOTICE of Appearance by Victoria S Nugent on behalf of Public Employees for Environmental Responsibility (Nugent, Victoria) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 PACER
4	MOTION to Appear Pro Hac Vice for Kevin E. Friedl (Filing fee $100, receipt number AMDDC-11733644.) by Public Employees for Environmental Responsibility(Samburg, Mark) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 PACER
5	MOTION to Appear Pro Hac Vice for Elena Goldstein (Filing fee $100, receipt number AMDDC-11733661.) by Public Employees for Environmental Responsibility(Samburg, Mark) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 PACER
6	MOTION to Appear Pro Hac Vice for Michael Martinez (Filing fee $100, receipt number AMDDC-11733671.) by Public Employees for Environmental Responsibility(Samburg, Mark) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 PACER
7	MOTION to Appear Pro Hac Vice for Jonathan Weissglass (Filing fee $100, receipt number AMDDC-11733689.) by Public Employees for Environmental Responsibility(Samburg, Mark) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 PACER
8	MOTION to Appear Pro Hac Vice for Donald K. Sherman (Filing fee $100, receipt number AMDDC-11733893.) by Public Employees for Environmental Responsibility(Samburg, Mark) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 PACER
9	MOTION to Appear Pro Hac Vice for Nikhel S. Sus (Filing fee $100, receipt number AMDDC-11733894.) by Public Employees for Environmental Responsibility(Samburg, Mark) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 PACER
10	CORRECTED MOTION to Appear Pro Hac Vice for Donald K. Sherman by Public Employees for Environmental Responsibility. The fee has already been paid.(Samburg, Mark) (Entered: 01/28/2025)	Jan. 28, 2025	Jan. 28, 2025 PACER
11	Summons Issued 60 days as to Charles Ezell, Office of Personnel Management, Donald J. Trump, U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons Charles Ezell, # 2 Summons Office of Personnel Management, # 3 Summons US Attorney, # 4 Summons Attorney General)(slss, Deputy Clerk) (Entered: 01/29/2025) 1 Summons Charles Ezell View on RECAP 2 Summons Office of Personnel Management View on RECAP 3 Summons US Attorney View on RECAP 4 Summons Attorney General View on RECAP	Jan. 29, 2025	Jan. 29, 2025 Clearinghouse
12	PAPERLESS ORDER granting 4 Motion to Appear Pro Hac Vice on behalf of Kevin E. Friedl. Directing attorney Kevin E. Friedl to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/30/2025. (mh4s, Deputy Clerk) (Entered: 01/30/2025)	Jan. 30, 2025	Jan. 30, 2025 PACER
13	PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice on behalf of Elena Goldstein. Directing attorney Elena Goldstein to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/30/2025. (mh4s, Deputy Clerk) (Entered: 01/30/2025)	Jan. 30, 2025	Jan. 30, 2025 PACER
14	PAPERLESS ORDER granting 6 Motion to Appear Pro Hac Vice on behalf of Michael Martinez. Directing attorney Michael Martinez to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/30/2025. (mh4s, Deputy Clerk) (Entered: 01/30/2025)	Jan. 30, 2025	Jan. 30, 2025 PACER
15	PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice on behalf of Jonathan Weissglass. Directing attorney Jonathan Weissglass to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/30/2025. (mh4s, Deputy Clerk) (Entered: 01/30/2025)	Jan. 30, 2025	Jan. 30, 2025 PACER
16	QC NOTICE: 8 Motion to Appear Pro Hac Vice filed by Public Employees for Environmental Responsibility needs to be modified. See attachment for details and corrective actions needed regarding the signature(s) on the motion. (mh4s, Deputy Clerk) (Entered: 01/30/2025)	Jan. 30, 2025	Jan. 30, 2025 RECAP
17	PAPERLESS ORDER granting 10 Corrected Motion to Appear Pro Hac Vice on behalf of Donald K. Sherman. Directing attorney Donald K. Sherman to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/30/2025. (mh4s, Deputy Clerk) (Entered: 01/30/2025)	Jan. 30, 2025	Jan. 30, 2025 PACER
18	PAPERLESS ORDER granting 9 Motion to Appear Pro Hac Vice on behalf of Nikhel Sus. Directing attorney Nikhel Sus to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 1/31/2025. (mh4s, Deputy Clerk) (Entered: 01/31/2025)	Jan. 31, 2025	Jan. 31, 2025 PACER
19	SUMMONS Returned Executed by Public Employees for Environmental Responsibility. Charles Ezell served on 2/12/2025, answer due 3/5/2025; Office of Personnel Management served on 2/12/2025, answer due 3/5/2025; Donald J. Trump served on 2/12/2025, answer due 3/5/2025.(Samburg, Mark) (Entered: 02/12/2025)	Feb. 12, 2025	Feb. 12, 2025 PACER
20	AFFIDAVIT of Service for Affidavit of Service served on U.S. Attorney for the District of Maryland, Attorney General of the U.S. on 02/12/25, filed by Public Employees for Environmental Responsibility.(Samburg, Mark) (Entered: 02/12/2025)	Feb. 12, 2025	Feb. 12, 2025 PACER
21	Local Rule 103.3 Disclosure Statement by Public Employees for Environmental Responsibility (Goldstein, Elena) (Entered: 02/19/2025)	Feb. 19, 2025	Feb. 19, 2025 RECAP
22	AMENDED COMPLAINT against Charles Ezell, Office of Personnel Management, Donald J. Trump, filed by Public Employees for Environmental Responsibility. (Attachments: # 1 Redline against original complaint)(Samburg, Mark) (Entered: 03/12/2025) 1 Redline against original complaint View on PACER	March 12, 2025	March 12, 2025 Clearinghouse
23	MOTION to Appear Pro Hac Vice for Lauren C. Bingham (Filing fee $100, receipt number AMDDC-11853579.) by Public Employees for Environmental Responsibility(Samburg, Mark) (Entered: 03/20/2025)	March 20, 2025	March 20, 2025 PACER
24	PAPERLESS ORDER granting 23 Motion to Appear Pro Hac Vice on behalf of Lauren Crowell Bingham. Directing attorney Lauren Crowell Bingham to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 3/21/2025. (mh4s, Deputy Clerk) (Entered: 03/21/2025)	March 21, 2025	March 21, 2025 PACER
25	NOTICE of Appearance by Jason Altabet on behalf of All Defendants (Altabet, Jason) (Entered: 03/27/2025)	March 27, 2025	March 27, 2025 PACER
26	Consent MOTION for Extension of Time to Respond to the Complaint and Proposed Briefing Schedule by Charles Ezell, Office of Personnel Management, Donald J. Trump (Attachments: # 1 Text of Proposed Order)(Altabet, Jason) (Entered: 03/27/2025)	March 27, 2025	March 27, 2025 PACER
27	MOTION for Leave to File Excess Pages Unopposed by Plaintiff by Charles Ezell, Office of Personnel Management, Donald J. Trump (Attachments: # 1 Text of Proposed Order)(Altabet, Jason) (Entered: 03/27/2025)	March 27, 2025	March 27, 2025 PACER
28	ORDER Granting 26 Motion for Extension of Time. Signed by Judge Paula Xinis on 3/28/2025. (bas, Deputy Clerk) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 RECAP
29	ORDER Granting 27 Unopposed Motion for Enlargement of Pages. Signed by Judge Paula Xinis on 3/28/2025. (bas, Deputy Clerk) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
30	NOTICE of Appearance by Kevin K. Bell on behalf of All Defendants (Bell, Kevin) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
31	MOTION to Dismiss under Rules 12(b)(1) and 12(b)(6), MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Charles Ezell, Office of Personnel Management, Donald J. Trump (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(Altabet, Jason) (Entered: 04/22/2025) 1 Memorandum in Support View on Clearinghouse 2 Exhibit A View on PACER 3 Text of Proposed Order View on PACER	April 22, 2025	April 22, 2025 PACER
32	MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss under Rules 12(b)(1) and 12(b)(6) MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Public Employees for Environmental Responsibility (Attachments: # 1 Text of Proposed Order)(Samburg, Mark) (Entered: 04/25/2025)	April 25, 2025	April 25, 2025 PACER
33	MOTION to Appear Pro Hac Vice for Yoseph T. Desta (Filing fee $100, receipt number AMDDC-11935863.) by Public Employees for Environmental Responsibility(Samburg, Mark) (Entered: 04/25/2025)	April 25, 2025	April 25, 2025 PACER
34	PAPERLESS ORDER granting 33 Motion to Appear Pro Hac Vice on behalf of Yoseph T. Desta. Directing attorney Yoseph T. Desta to register for pro hac vice filing in the District of Maryland through PACER at https://pacer.uscourts.gov/ if attorney has not already done so. The Pro Hac Vice option must be selected when registering. Signed by Clerk on 4/29/2025. (mh4s, Deputy Clerk) (Entered: 04/29/2025)	April 29, 2025	April 29, 2025 PACER
35	NOTICE by Public Employees for Environmental Responsibility of Supplemental Authority (Attachments: # 1 Attachment Supplemental Authority)(Samburg, Mark) (Entered: 04/29/2025) 1 Attachment Supplemental Authority View on PACER	April 29, 2025	April 29, 2025 PACER
36	PAPERLESS ORDER: A recorded call has been scheduled for May 20, 2025 at 3:00 p.m. Instructions will be emailed to the parties. Signed by Judge Paula Xinis on 5/13/2025. (tb2s, Chambers) (Entered: 05/13/2025)	May 13, 2025	May 13, 2025 PACER
37	Consent MOTION for Extension of Time to Oppose Defendants' Motion to Dimiss by Public Employees for Environmental Responsibility (Attachments: # 1 Text of Proposed Order)(Samburg, Mark) (Entered: 05/14/2025) 1 Text of Proposed Order View on PACER	May 14, 2025	May 14, 2025 RECAP
38	ORDER GRANTING 37 Motion for Extension of Time. Plaintiff shall respond to 31 Defendants' Motion to Dismiss no later than July 7, 2025. Signed by Judge Paula Xinis on 5/19/2025. (bas, Deputy Clerk) Modified on 5/20/2025 (bas). (Entered: 05/19/2025)	May 19, 2025	May 19, 2025 PACER
39	PAPERLESS ORDER: The recorded call set for May 20, 2025, has been RESCHEDULED to July 2, 2025, at 10:00 a.m. Instructions were emailed to the parties. Signed by Judge Paula Xinis on 5/20/2025. (tb2s, Chambers) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
40	Request for Conference (Samburg, Mark) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 RECAP
40	Request for Conference (Samburg, Mark) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 RECAP
41	Consent MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss under Rules 12(b)(1) and 12(b)(6) MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction by Public Employees for Environmental Responsibility (Attachments: # 1 Text of Proposed Order)(Samburg, Mark) (Entered: 06/17/2025)	June 17, 2025	June 17, 2025 RECAP
42	NOTICE by Charles Ezell, Office of Personnel Management, Donald J. Trump re 32 MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Dismiss under Rules 12(b)(1) and 12(b)(6) MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Consenting to Plaintiff's Motion for Extension (Altabet, Jason) (Entered: 06/26/2025)	June 26, 2025	June 26, 2025 RECAP
43	Telephone Conference held on 7/2/2025 before Judge Paula Xinis. (FTR - Derro - 2C) (tds, Deputy Clerk) (Entered: 07/02/2025)	July 2, 2025	July 2, 2025 PACER
44	ORDER Denying 41 Motion for Extension of Time; Granting 32 Motion for Extension of Time. Signed by Judge Paula Xinis on 7/2/2025. (bas, Deputy Clerk) (Entered: 07/02/2025)	July 2, 2025	July 2, 2025 RECAP

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