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

Clearinghouse coding complete

Case Summary

The Center for Biological Diversity brought this action on Jan. 20, 2025, under the Freedom of Information Act (FOIA), 5 U.S.C. § 552(a)(3), against the Office of Management and Budget. They sought records related to the second Trump Administration's transition  that "concern OMB’s key functions and duties, which affect air and water quality; climate change, imperiled plants and wildlife; public lands; and environmental justice issues." The Center had submitted the relevant FOIA request to OMB …

The Center for Biological Diversity brought this action on Jan. 20, 2025, under the Freedom of Information Act (FOIA), 5 U.S.C. § 552(a)(3), against the Office of Management and Budget. They sought records related to the second Trump Administration's transition  that "concern OMB’s key functions and duties, which affect air and water quality; climate change, imperiled plants and wildlife; public lands; and environmental justice issues."

The Center had submitted the relevant FOIA request to OMB on December 9, 2024, requesting three categories of presidential transition materials, including those relating to the new “Department of Government Efficiency” or “DOGE.” On December 9, 2024, OMB acknowledged the request, but it had made no determination by the FOIA deadline, so the Center filed this lawsuit.  This case was assigned to Judge Beryl A. Howell, in the U.S. District Court for the District of Columbia. The plaintiff, a nonprofit, was represented by inhouse counsel, and sought an injunction preventing OMB from continuing to withhold the necessary records, an order for OMB to immediately make its determination on the FOIA request, a declaration that OMB violated FOIA, and attorneys’ fees and expenses. 

On January 27, The Center submitted another FOIA request seeking records from the U.S. DOGE Service Temporary Organization. On February 27, the Center filed an amended complaint naming DOGE and the DOGE Temporary Organization as defendants in this case. The complaint claimed that OMB was required to make a determination on the Center’s FOIA request by February 25, 2025, but had yet to do so. 

The case is ongoing.

 

Summary Authors

Juliet Alpert (2/11/2025)

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

Rylander, Jason C. (District of Columbia)

Sanerib, Tanya (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

Docket

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

Last updated April 21, 2025, 4:22 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

View on RECAP

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

View on RECAP

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

View on RECAP

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)

View on PACER

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

View on PACER

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

April 21, 2025

April 21, 2025

PACER

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