Case: Northeast Organic Farming Association of New York v. U.S. Department of Agriculture

1:25-cv-01529 | U.S. District Court for the Southern District of New York

Filed Date: Feb. 24, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 24, 2025, three environmental groups--Northeast Organic Farming Association of New York, Natural Resources Defense Council, and Environmental Working Group--filed this lawsuit against the U.S. Department of Agriculture ("USDA") in the U.S. District Court for the Southern District of New York.

The plaintiffs alleged that on January 30, 2025, the USDA ordered its staff to "archive or unpublish any landing pages focused on climate change." As a result, the USDA purged its websites of resources relating to agriculture, forest conservation, energy, etc., and disabled access to essential data and information about USDA programs and policies. The plaintiffs allege that by making this information inaccessible, the USDA violated the Administrative Procedure Act (APA) and the Freedom of Information Act (FOIA). The case was assigned to Judge Margaret M. Garnett. The Plaintiffs requested declaratory and injunctive relief. 

This case is ongoing. 

Summary Authors

Oliver Farnum (2/26/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69665792/parties/northeast-organic-farming-association-of-new-york-v-us-department-of/


Attorney for Plaintiff

Abdo, Alexander Abraham (New York)

Apfel, Carrie (New York)

Busch, Jackson Thomas (New York)

Krent, Stephanie (New York)

Attorney for Defendant

Osmond, Mark (New York)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-01529

Complaint for Declaratory and Injunctive Relief

Feb. 24, 2025

Feb. 24, 2025

Complaint
16

1:25-cv-01529

Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction

March 17, 2025

March 17, 2025

Pleading / Motion / Brief
15

1:25-cv-01529

Notice of Plaintiffs' Motion for a Preliminary Injunction

March 17, 2025

March 17, 2025

Pleading / Motion / Brief
17

1:25-cv-01529

[Proposed] Order Granting Plaintiffs' Motion for a Preliminary Injunction

March 17, 2025

March 17, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69665792/northeast-organic-farming-association-of-new-york-v-us-department-of/

Last updated April 21, 2025, 9:57 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. Department of Agriculture. (Filing Fee $ 405.00, Receipt Number ANYSDC-30661784)Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y).(Apfel, Carrie) (Entered: 02/24/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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Feb. 24, 2025

Feb. 24, 2025

Clearinghouse
2

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate NOFA-NY Certified Organic, LLC for Northeast Organic Farming Association of New York. Document filed by Northeast Organic Farming Association of New York..(Apfel, Carrie) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Natural Resources Defense Council..(Apfel, Carrie) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
4

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Environmental Working Group..(Apfel, Carrie) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
5

CIVIL COVER SHEET filed..(Apfel, Carrie) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER
6

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Agriculture, re: 1 Complaint,,. Document filed by Northeast Organic Farming Association of New York, Natural Resources Defense Council, Environmental Working Group..(Apfel, Carrie) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER

Case Opening Initial Assignment Notice

Feb. 25, 2025

Feb. 25, 2025

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Margaret M. Garnett. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

Feb. 25, 2025

Feb. 25, 2025

PACER

Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

Feb. 25, 2025

Feb. 25, 2025

PACER

Case Designation

Feb. 25, 2025

Feb. 25, 2025

PACER

Case Designated ECF. (pc)

Feb. 25, 2025

Feb. 25, 2025

PACER

Case Designated ECF

Feb. 25, 2025

Feb. 25, 2025

PACER

Notice to Attorney Regarding Case Opening Statistical Error Correction

Feb. 25, 2025

Feb. 25, 2025

PACER

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Carrie Apfel. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Broome;. (pc)

Feb. 25, 2025

Feb. 25, 2025

PACER
7

ELECTRONIC SUMMONS ISSUED as to U.S. Department of Agriculture..(pc) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

PACER
8

NOTICE OF APPEARANCE by Alexander Abraham Abdo on behalf of Northeast Organic Farming Association of New York, Natural Resources Defense Council, Environmental Working Group..(Abdo, Alexander) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

RECAP
9

NOTICE OF APPEARANCE by Stephanie Krent on behalf of Northeast Organic Farming Association of New York, Natural Resources Defense Council, Environmental Working Group..(Krent, Stephanie) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

RECAP
10

NOTICE OF APPEARANCE by Ilan Stein on behalf of U.S. Department of Agriculture..(Stein, Ilan) (Entered: 02/27/2025)

Feb. 27, 2025

Feb. 27, 2025

RECAP
11

NOTICE OF APPEARANCE by Mark Osmond on behalf of U.S. Department of Agriculture..(Osmond, Mark)

March 6, 2025

March 6, 2025

RECAP
12

NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties shall appear for an Initial Pretrial Conference with the Court on April 24, 2025 at 11:30 a.m. The conference will be held in person in Courtroom 906 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York 10007. All counsel must familiarize themselves with the Court's Individual Rules & Practices ("Individual Rules"), which are available at https://nysd.uscourts.gov/hon-margaret-m-garnett. All parties are required to register promptly as filing users on ECF. SO ORDERED. (Signed by Judge Margaret M. Garnett on 3/7/2025) Initial Conference set for 4/24/2025 at 11:30 AM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Margaret M. Garnett. (ar) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

RECAP
13

LETTER addressed to Judge Margaret M. Garnett from Mark Osmond dated 3/7/2025 re: Individual Rules and Practices Regarding Matters in which the United States Attorney for the Southern District of New York Represents a Party. Document filed by U.S. Department of Agriculture..(Osmond, Mark) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

RECAP
14

NOTICE of Motion for a Preliminary Injunction. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Apfel, Carrie)

March 17, 2025

March 17, 2025

RECAP
15

MOTION for Preliminary Injunction . Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Apfel, Carrie)

March 17, 2025

March 17, 2025

Clearinghouse
16

MEMORANDUM OF LAW in Support re: [15] MOTION for Preliminary Injunction . . Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York. (Attachments: (1) Exhibit A - Declaration of Marcie Craig, (2) Exhibit B - Declaration of Corinne Hansch, (3) Exhibit C - Declaration of Jeffrey McManus, (4) Exhibit D - Declaration of Garett Rose, (5) Exhibit E - Declaration of Anne Schechinger).(Apfel, Carrie)

1 Exhibit A - Declaration of Marcie Craig

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2 Exhibit B - Declaration of Corinne Hansch

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3 Exhibit C - Declaration of Jeffrey McManus

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4 Exhibit D - Declaration of Garett Rose

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5 Exhibit E - Declaration of Anne Schechinger

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March 17, 2025

March 17, 2025

Clearinghouse
17

PROPOSED ORDER. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York. Related Document Number: [15]..(Apfel, Carrie) Proposed Order to be reviewed by Clerk's Office staff.

March 17, 2025

March 17, 2025

Clearinghouse

NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 17 Proposed Order was reviewed and approved as to form. (km)

March 18, 2025

March 18, 2025

PACER
18

SUMMONS RETURNED EXECUTED. U.S. Department of Agriculture served on 3/5/2025, answer due 5/5/2025. Service was made by Mail. Document filed by Environmental Working Group; Natural Resources Defense Council; Northeast Organic Farming Association of New York..(Apfel, Carrie) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

RECAP
19

SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Apfel, Carrie) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

RECAP
20

SUMMONS RETURNED EXECUTED. All Defendants. Service was made by Mail. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Apfel, Carrie) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

RECAP
21

MEMORANDUM OF LAW in Opposition re: [15] MOTION for Preliminary Injunction . . Document filed by U.S. Department of Agriculture..(Stein, Ilan)

March 31, 2025

March 31, 2025

RECAP
22

DECLARATION of Brian Mabry in Opposition re: [15] MOTION for Preliminary Injunction .. Document filed by U.S. Department of Agriculture..(Stein, Ilan)

March 31, 2025

March 31, 2025

RECAP
23

NOTICE OF APPEARANCE by Jeffrey Stein on behalf of Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Stein, Jeffrey) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

RECAP
24

NOTICE OF APPEARANCE by Jackson Thomas Busch on behalf of Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Busch, Jackson)

April 4, 2025

April 4, 2025

RECAP
25

REPLY MEMORANDUM OF LAW in Support re: [15] MOTION for Preliminary Injunction . . Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Stein, Jeffrey)

April 7, 2025

April 7, 2025

RECAP
26

LETTER addressed to Judge Margaret M. Garnett from Jeffrey Stein dated April 8, 2025 re: Request for Oral Argument. Document filed by Environmental Working Group, Natural Resources Defense Council, Northeast Organic Farming Association of New York..(Stein, Jeffrey) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

RECAP
27

JOINT LETTER MOTION to Adjourn Conference addressed to Judge Margaret M. Garnett from Mark Osmond dated 4/15/2025. Document filed by U.S. Department of Agriculture..(Osmond, Mark) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

RECAP

Case Details

State / Territory: New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Data Access and/or Takedowns)

Trump Administration 2.0: Challenges to the Government (Environmental Protections)

Key Dates

Filing Date: Feb. 24, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nonprofit organization of farmers, gardeners, and consumers, as well as nonprofit organizations focused on environmental research and protection.

Attorney Organizations:

Earthjustice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Agriculture (Washington, D.C., District of Columbia), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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