Case: Center for Biological Diversity v. Office of Management and Budget

1:25-cv-00165 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 20, 2025

Case Ongoing

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Case Summary

This case challenged the Office of Management and Budget (OMB) and the U.S. DOGE Service’s (DOGE, formerly the United States Digital Service) failure to disclose presidential transition records under the Freedom of Information Act (FOIA). On January 20, 2025, the Center for Biological Diversity (CBD) filed a lawsuit in the U.S. District Court for the District of Columbia against OMB, DOGE, the DOGE Temporary Organization (DOGETO), Elon Musk (in his official capacity as head of DOGE), and Amy Gl…

This case challenged the Office of Management and Budget (OMB) and the U.S. DOGE Service’s (DOGE, formerly the United States Digital Service) failure to disclose presidential transition records under the Freedom of Information Act (FOIA). On January 20, 2025, the Center for Biological Diversity (CBD) filed a lawsuit in the U.S. District Court for the District of Columbia against OMB, DOGE, the DOGE Temporary Organization (DOGETO), Elon Musk (in his official capacity as head of DOGE), and Amy Gleason (in her official capacity as DOGE’s Acting Administrator). The plaintiff, represented by the Center’s attorneys, sought declaratory and injunctive relief to compel disclosure under FOIA and compliance with FOIA’s affirmative disclosure mandates.

The case was assigned to Chief Judge Beryl A. Howell.

The lawsuit arose after CBD submitted FOIA requests on December 9, 2024, and March 13, 2025, seeking records related to presidential transition activities, specifically communications involving Elon Musk, Vivek Ramaswamy, and the Department of Government Efficiency (DOGE), as well as internal DOGE records on staffing, workforce reductions, and regulatory rollback efforts. DOGE, a newly established entity within the Executive Office of the President, was created by President Trump through a January 20, Executive Order to implement government-wide reductions in regulations, budgets, and staffing. DOGE was reportedly influencing substantial changes at multiple federal agencies, including deep workforce cuts and rescission of environmental and climate-related regulations.

Defendants argued that DOGE was not an “agency” subject to FOIA, contending it served only to advise and assist the President. Plaintiff countered that DOGE exercised substantial independent authority over agency staffing, budgeting, and regulatory policies, thus making it subject to FOIA.

After CBD amended its complaint on April 23, Defendants moved for partial dismissal, arguing DOGE was exempt from FOIA as a purely presidential advisory body. Plaintiff opposed dismissal, emphasizing DOGE’s broad authority and ongoing actions across multiple federal agencies, asserting that DOGE functioned as an independent agency.

On July 9, the parties jointly agreed to partially stay the case pending appellate resolution in a related case, Citizens for Responsibility and Ethics in Washington v. U.S. DOGE Service, in which DOGE’s agency status under FOIA was also disputed. The district court granted the stay on July 10, halting proceedings against DOGE but requiring OMB to continue processing responsive records. The court held that the appellate outcome would significantly influence or resolve the core legal issue of DOGE’s agency status under FOIA.

The case remains stayed as of July 2025.

Summary Authors

Juliet Alpert (2/11/2025)

Brian Chen (7/29/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69559509/parties/center-for-biological-diversity-v-office-of-management-and-budget/


Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorney for Plaintiff

Crystal, Howard M. (District of Columbia)

Parker, Lauren (District of Columbia)

Rylander, Jason C. (District of Columbia)

Attorney for Defendant

Kies, Marianne F. (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00165

Complaint for Declaratory and Injunctive Relief

Jan. 20, 2025

Jan. 20, 2025

Complaint
9

1:25-cv-00165

Amended Complaint for Declaratory and Injunctive Relief

Feb. 27, 2025

Feb. 27, 2025

Complaint
20

1:25-cv-00165

Second Amended Complaint

April 23, 2025

April 23, 2025

Complaint
22

1:25-cv-00165

Defendants' Partial Motion to Dismiss

May 23, 2025

May 23, 2025

Pleading / Motion / Brief
24

1:25-cv-00165

Plaintiff's Response and Opposition to Defendants' Partial Motion to Dismiss

June 20, 2025

June 20, 2025

Pleading / Motion / Brief
25

1:25-cv-00165

Defendants' Consent Motion to Partially Stay Proceedings

July 9, 2025

July 9, 2025

Pleading / Motion / Brief
26

1:25-cv-00165

Order Granting Defendants' Consent Motion to Partially Stay Proceedings

July 10, 2025

July 10, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69559509/center-for-biological-diversity-v-office-of-management-and-budget/

Last updated Aug. 19, 2025, 11:38 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 405 receipt number ADCDC-11416501) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sanerib, Tanya) (Entered: 01/20/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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Jan. 20, 2025

Jan. 20, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Sanerib, Tanya) (Entered: 01/20/2025)

Jan. 20, 2025

Jan. 20, 2025

RECAP

Case Assigned to Judge Beryl A. Howell. (zmtm)

Jan. 21, 2025

Jan. 21, 2025

PACER
3

SUMMONS (3) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 01/21/2025)

1 Notice and Consent

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Jan. 21, 2025

Jan. 21, 2025

RECAP
4

STANDING ORDER. Signed by Judge Beryl A. Howell on January 21, 2025. (lcbah4) (Entered: 01/21/2025)

Jan. 21, 2025

Jan. 21, 2025

RECAP
5

NOTICE of Appearance by Jason C. Rylander on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Rylander, Jason) (Entered: 01/22/2025)

Jan. 22, 2025

Jan. 22, 2025

RECAP
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/7/2025. Answer due for ALL FEDERAL DEFENDANTS by 3/9/2025. (Sanerib, Tanya) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/3/2025. (Sanerib, Tanya) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 2/24/2025 (Sanerib, Tanya) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER
9

AMENDED COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, ELON MUSK, AMY GLEASON filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Sanerib, Tanya) (Entered: 02/27/2025)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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Feb. 27, 2025

Feb. 27, 2025

Clearinghouse
10

SUMMONS (6) Issued Electronically as to AMY GLEASON, ELON MUSK, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. Attorney and U.S. Attorney General (mg) (Entered: 02/27/2025)

Feb. 27, 2025

Feb. 27, 2025

RECAP
11

NOTICE of Appearance by Marianne F. Kies on behalf of All Defendants (Kies, Marianne) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

PACER
12

Consent MOTION for Extension of Time to Respond to Amended Complaint by U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, ELON MUSK, AMY GLEASON, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order (Proposed Order Granting Consent Motion))(Kies, Marianne) (Entered: 03/10/2025)

1 Text of Proposed Order (Proposed Order Granting Consent Motion)

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March 10, 2025

March 10, 2025

RECAP

Order on Motion for Extension of Time to

March 10, 2025

March 10, 2025

PACER

MINUTE ORDER (paperless) GRANTING defendants' 12 Consent Motion for Extension of Time, and DIRECTING defendants to respond to the amended complaint by March 27, 2025. Signed by Judge Beryl A. Howell on March 10, 2025. (lcbah4)

March 10, 2025

March 10, 2025

PACER

Set/Reset Deadlines

March 11, 2025

March 11, 2025

PACER

Set/Reset Deadlines: Defendants Response To The Amended Complaint due by 3/27/2025. (mac)

March 11, 2025

March 11, 2025

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/7/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/6/2025. (Attachments: # 1 Return Receipts)(Sanerib, Tanya) (Entered: 03/14/2025)

1 Return Receipts

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March 14, 2025

March 14, 2025

RECAP
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/7/2025. (Attachments: # 1 Return Receipts)(Sanerib, Tanya) (Entered: 03/14/2025)

1 Return Receipts

View on PACER

March 14, 2025

March 14, 2025

RECAP
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. AMY GLEASON served on 3/12/2025; ELON MUSK served on 3/12/2025; U.S. DOGE SERVICE served on 3/12/2025; U.S. DOGE SERVICE TEMPORARY ORGANIZATION served on 3/12/2025 (Attachments: # 1 Return Receipts)(Sanerib, Tanya) (Entered: 03/14/2025)

1 Return Receipts

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March 14, 2025

March 14, 2025

RECAP
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 3/12/2025. (See docket entry 15 to view document) (mg) (Entered: 03/17/2025)

March 14, 2025

March 14, 2025

PACER

Summons Returned Executed as to Federal Defendant

March 17, 2025

March 17, 2025

PACER
17

Joint MOTION to Suspend Defendants' Deadline to Respond to Plaintiff's Amended Complaint and Set New Deadline by U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, ELON MUSK, AMY GLEASON, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Kies, Marianne) (Entered: 03/21/2025)

1 Text of Proposed Order

View on PACER

March 21, 2025

March 21, 2025

RECAP

Order on Motion for Miscellaneous Relief

March 25, 2025

March 25, 2025

PACER

Set/Reset Deadlines

March 25, 2025

March 25, 2025

PACER

MINUTE ORDER (paperless) GRANTING the parties' 17 Joint Motion to Suspend Defendants' Deadline to Respond to Complaint; STAYING defendants' obligation to respond to the Amended Complaint UNTIL FURTHER ORDER OF THE COURT; and DIRECTING that, by April 21, 2025, either (a) plaintiff must seek leave to file an amended complaint with any opposition due by April 28, 2025, and any reply by May 2, 2025, or (b) if defendants consent to the filing of an amended complaint, the parties shall file jointly a joint status report advising the Court of the status of this matter, whether any disputes remain, and if so, proposing a schedule for further proceedings. Signed by Judge Beryl A. Howell on March 25, 2025. (lcbah4)

March 25, 2025

March 25, 2025

PACER

Set/Reset Deadlines: Plaintiff Seek Leave To File Amended Complaint due by 4/21/2025. Opposition due by 4/28/2025. Reply due by 5/2/2025. (mac)

March 25, 2025

March 25, 2025

PACER
18

NOTICE of Appearance by Lauren Parker on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Parker, Lauren) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
19

MOTION for Leave to File Second Amended Complaint by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit 1 (2d Amended Complaint), # 2 Exhibit 2 (red line), # 3 Text of Proposed Order)(Sanerib, Tanya) (Entered: 04/21/2025)

1 Exhibit 1 (2d Amended Complaint)

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2 Exhibit 2 (red line)

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3 Text of Proposed Order

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April 21, 2025

April 21, 2025

PACER

Order on Motion for Leave to File

April 23, 2025

April 23, 2025

PACER

MINUTE ORDER (paperless), upon consideration of plaintiffs' 19 Motion for Leave to Amend and Supplement Complaint and the lack of any objection from defendants, GRANTING plaintiffs' 19 Motion pursuant to Federal Rule of Civil Procedure 15(a)(2) and 15(d). Signed by Judge Beryl A. Howell on April 23, 2025. (lcbah4)

April 23, 2025

April 23, 2025

PACER
20

Second AMENDED COMPLAINT against All Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Red Line Version)(mg) (Entered: 04/23/2025)

1 Red Line Version

View on RECAP

April 23, 2025

April 23, 2025

Clearinghouse
21

Joint MOTION for Briefing Schedule by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Sanerib, Tanya) (Entered: 04/29/2025)

1 Text of Proposed Order

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April 29, 2025

April 29, 2025

RECAP

Order on Motion for Briefing Schedule

April 30, 2025

April 30, 2025

PACER

MINUTE ORDER (paperless) GRANTING the parties' 21 Joint Motion for Briefing Schedule and ISSUING the following scheduling order: 1) By May 23, 2025, defendants shall file their partial motion to dismiss; 2) By June 20, 2025, plaintiffs shall file any response; 3) By July 11, 2025, defendants shall file any reply. Signed by Judge Beryl A. Howell on April 30, 2025. (lcbah4)

April 30, 2025

April 30, 2025

PACER

Set/Reset Deadlines

May 1, 2025

May 1, 2025

PACER

Set/Reset Deadlines: Defendants Partial Motion To Dismiss due by 5/23/2025. Plaintiffs Response due by 6/20/2025. Defendants Reply due by 7/11/2025. (mac)

May 1, 2025

May 1, 2025

PACER
22

Partial MOTION to Dismiss USDS Defendants by AMY GLEASON, ELON R. MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Kies, Marianne) (Entered: 05/23/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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May 23, 2025

May 23, 2025

Clearinghouse
23

NOTICE of Appearance by Howard M. Crystal on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Crystal, Howard) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

PACER
24

Memorandum in opposition to re 22 Partial MOTION to Dismiss USDS Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit List, # 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 Text of Proposed Order)(Sanerib, Tanya) (Entered: 06/20/2025)

1 Exhibit List

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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 Text of Proposed Order

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June 20, 2025

June 20, 2025

Clearinghouse
25

Consent MOTION to Stay (Partial -- as to USDS Defendants) by AMY GLEASON, ELON R. MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Kies, Marianne) (Entered: 07/09/2025)

1 Text of Proposed Order

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July 9, 2025

July 9, 2025

RECAP
26

ORDER GRANTING defendants' 25 Consent Motion to Partially Stay Proceedings. See Order for further details. Signed by Judge Beryl A. Howell on July 10, 2025. (lcbah4) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 1.0 & 2.0 FOIA cases

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (DOGE Status/Information Access)

Key Dates

Filing Date: Jan. 20, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a nonprofit organization committed to environmental justice.

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

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Environmental Impact Statements

Groundwater

Petroleum and petroleum byproducts

Threatened/endangered fauna

Threatened/endangered flora

Underground Storage Tank (UST) leakage