Case: Center for Biological Diversity v. U.S. Department of Interior

President Donald Trump

President Donald Trump

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11514564) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons DOI, # 3 Summons DOI Secretary, # 4 Summons BLM, # 5 Summons BLM Director, # 6 Summons BOEM, # 7 Summons BOEM Director, # 8 Summons FWS, # 9 Summons FWS Director, # 10 Summons NPS, # 11 Summons NPS Director, # 12 Summons USDA, # 13 Summons USDA Secretary, # 14 Summons APHIS, # 15 Summons APHIS Administrator, # 16 Summons USFS, # 17 Summons USFS Chief, # 18 Summons DOC, # 19 Summons DOC Secretary, # 20 Summons NOAA, # 21 Summons NOAA Administrator, # 22 Summons DOT, # 23 Summons DOT Secretary, # 24 Summons FAA, # 25 Summons FAA Administrator, # 26 Summons EPA, # 27 Summons EPA Administrator, # 28 Summons Attorney General, # 29 Summons U.S. Attorney D.C.)(Parker, Lauren) (Entered: 03/03/2025)

1 Civil Cover Sheet

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2 Summons DOI

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3 Summons DOI Secretary

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4 Summons BLM

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5 Summons BLM Director

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6 Summons BOEM

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7 Summons BOEM Director

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8 Summons FWS

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9 Summons FWS Director

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10 Summons NPS

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11 Summons NPS Director

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12 Summons USDA

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13 Summons USDA Secretary

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14 Summons APHIS

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15 Summons APHIS Administrator

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16 Summons USFS

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17 Summons USFS Chief

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18 Summons DOC

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19 Summons DOC Secretary

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20 Summons NOAA

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21 Summons NOAA Administrator

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22 Summons DOT

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23 Summons DOT Secretary

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24 Summons FAA

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25 Summons FAA Administrator

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26 Summons EPA

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27 Summons EPA Administrator

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28 Summons Attorney General

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29 Summons U.S. Attorney D.C.

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NOTICE OF RELATED CASE by CENTER FOR BIOLOGICAL DIVERSITY. Case related to Case No. 25-cv-165. (Parker, Lauren) (Entered: 03/03/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Parker, Lauren) (Entered: 03/03/2025)

SUMMONS (28) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/03/2025)

1 Notice and Consent

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Case Assigned/Reassigned

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

MINUTE ORDER (paperless), upon consideration of plaintiff's 2 Notice of Related Case, DIRECTING plaintiff to submit, by March 6, 2025, at 2PM EST, an explanation for how this action against 26 defendants for violations of the Administrative Procedure Act and seeking Mandamus Relief, see 1 Complaint at 24-26, is related to Ctr. for Bio. Diversity v. Off. of Mgmt. & Budget ("Ctr. I"), No. 25-cv-612 (BAH), which seeks to enforce a single FOIA request served on the OMB and names 5 completely different defendants, see Ctr. I, ECF No. 1, Compl. at 3-5, 7, 10. Signed by Judge Beryl A. Howell on March 4, 2025. (lcbah1)

.Order

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jared Margolis, Filing fee $ 100, receipt number ADCDC-11521895. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaration by Jared Margolis and Cert of Good Standing, # 2 Text of Proposed Order)(Parker, Lauren) (Entered: 03/05/2025)

RESPONSE TO ORDER OF THE COURT re Order,, filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parker, Lauren) (Entered: 03/05/2025)

Set/Reset Deadlines

Set/Reset Deadlines: Plaintiff Submission due no later than 2:00PM on 3/6/2025. (mac)

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 3/6/2025. (lcrdm1) (Entered: 03/06/2025)

.Order

MINUTE ORDER (paperless), upon consideration of the plaintiff's 6 Response to Minute Order ("Response") and the 1 Complaint filed in this case, which was directly, rather than randomly, assigned to the undersigned Judge, this Court concludes that plaintiff's 2 Notice of Related Case ("Notice"), indicating this case is "related" to another case brought by the same plaintiff against different government defendants, Ctr. for Biological Diversity v. Office of Mgmt. & Budget, 25-cv-165 (BAH) ("CBD-165"), is erroneous. A review of the instant 1 Complaint and the CBD-165 Complaint reveals that these cases are not related in a manner contemplated by D.D.C. LCvR 40.5(a)(3) and 40.5(c)(1), and plaintiff's Response does not persuasively demonstrate otherwise.CBD-165 challenges the responses by defendants Office of Management and Budget ("OMB"), U.S. DOGE Service ("USDS"), USDS Temporary Organization, Elon Musk, and Amy Gleason, to plaintiff's record requests, under the Freedom of Information Act ("FOIA"), 5 U.S.C. §552, seeking "three categories of presidential transition materials." See CBD-165, Compl. ¶ 37, ECF No. 9. In contrast, the instant Complaint asserts causes of action brought under the Administrative Procedure Act against 26 defendants, none of whom overlap with those in CBD-165, for violations of the Federal Advisory Committee Act ("FACA"), and seeks mandamus relief to require disclosure of certain materials. While both "FACA and FOIA" may "require defendants to disclose" similar records, see Response at 2, the causes of action, necessary case management, and relevant inquiries are completely different. While also true that these cases may stem from plaintiff's factual and legal concern that "DOGE and the defendant agencies are not complying with the overlapping disclosure mandates in FACA or FOIA," Response at 1, more is required to meet the related case rule requirements of "involv[ing] common issues of fact" or "grow[ing] out of the same event or transaction." D.D.C. LCvR 40.5(a)(3)(ii), (iii). Compliance with FOIA obligations by certain federal agencies and actors is at issue in CBD-165, compared to the compliance by different federal agencies with different obligations under an entirely different statute at issue in the instant case. These two cases plainly do not involve the common factual issues or stem from the same events or transactions. If all that were required for direct assignment of a case as "related" was for a plaintiff to argue that "as a matter of judicial economy and efficiency, it makes sense for cases raising related questions as to precisely what DOGE's legal status is as it pertains to the federal open government laws to be before the same court," this Court would be inundated with every action seeking to enforce a FOIA request against DOGE as well as every other civil action challenging DOGE's compliance with open government laws. Thus, plaintiff has not demonstrated that these actions satisfy the local rules requirements for related cases. See LCvRs 40.5(a)(3), 40.5(c)(1). Accordingly, the Clerk of the Court is directed to reassign this case randomly pursuant to the proper procedures for case assignment. Signed by Judge Beryl A. Howell on March 6, 2025. (lcbah1)

Order

Case Assigned/Reassigned

Case randomly reassigned to Judge Randolph D. Moss as the case is not related. Judge Beryl A. Howell is no longer assigned to the case. (rj)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/12/2025. Answer due for ALL FEDERAL DEFENDANTS by 5/11/2025. (Attachments: # 1 Exhibit Proof of Service Return Receipts)(Parker, Lauren) (Entered: 03/20/2025)

NOTICE of Appearance by Jared Margolis on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Margolis, Jared) (Main Document 11 replaced on 3/24/2025) (zjm). (Entered: 03/20/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL AND PLANT HEALTH INSPECTION SERVICE served on 3/10/2025; JESSICA BOWRON served on 3/11/2025; BUREAU OF OCEAN ENERGY MANAGEMENT served on 3/11/2025; DOUG BURGUM served on 3/11/2025; WALTER CRUICKSHANK served on 3/11/2025; SEAN DUFFY served on 3/11/2025; FEDERAL AVIATION ADMINISTRATION served on 3/11/2025; NANCY HANN served on 3/11/2025; HOWARD LUTNICK served on 3/11/2025; RANDY MOORE served on 3/11/2025; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 3/11/2025; NATIONAL PARK SERVICE served on 3/11/2025; JOHN RABY served on 3/11/2025; CHRIS ROCHELEAU served on 3/11/2025; BROOKE ROLLINS served on 3/11/2025; PAUL SOUZA served on 3/11/2025; U.S. BUREAU OF LAND MANAGEMENT served on 3/13/2025; U.S. DEPARTMENT OF AGRICULTURE served on 3/11/2025; U.S. DEPARTMENT OF COMMERCE served on 3/11/2025; U.S. DEPARTMENT OF INTERIOR served on 3/11/2025; U.S. DEPARTMENT OF TRANSPORTATION served on 3/11/2025; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 3/18/2025; U.S. FISH AND WILDLIFE SERVICE served on 3/11/2025; U.S. FOREST SERVICE served on 3/11/2025; MICHAEL WATSON served on 3/10/2025; LEE ZELDIN served on 3/18/2025 (Attachments: # 1 Exhibit Proof of Service Return Receipts)(Parker, Lauren) (Entered: 03/20/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/12/2025. (Attachments: # 1 Exhibit Proof of Service Return Receipts)(Parker, Lauren) (Entered: 03/20/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER: Upon consideration of Plaintiff's motion for leave to appear pro hac vice, Dkt. 5, the motion is hereby GRANTED. Jared Margolis may appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Randolph D. Moss on 3/20/2025. (lcrdm1)

AMENDED COMPLAINT against All Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit Complaint redline)(Parker, Lauren) (Entered: 04/01/2025)

MOTION to Expedite Discovery by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit A Proposed discovery requests, # 2 Exhibit B Declaration of B Hartl, # 3 Text of Proposed Order)(Parker, Lauren) (Entered: 04/10/2025)

1 Exhibit A Proposed discovery requests

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2 Exhibit B Declaration of B Hartl

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3 Text of Proposed Order

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NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 04/10/2025)

NOTICE of Appearance by Samuel Holt on behalf of All Defendants (Holt, Samuel) (Entered: 04/10/2025)

RESPONSE re 13 MOTION to Expedite Discovery filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE ZELDIN. (Holt, Samuel) (Entered: 04/24/2025)

Unopposed MOTION for Extension of Time to File Answer re 12 Amended Complaint or Otherwise Respond by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE ZELDIN. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 04/25/2025)

1 Text of Proposed Order

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Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

MINUTE ORDER: Upon consideration of Defendants' Unopposed Motion to Extend the Deadline to Respond to Count III of Plaintiff's Amended Complaint, Dkt. 17, it is hereby ORDERED that Defendants' motion is GRANTED. Defendants shall respond to Count III of the Amended Complaint on or before May 12, 2025. Signed by Judge Randolph D. Moss on 4/25/2025. (lcrdm1)

REPLY to opposition to motion re 13 Motion to Expedite Discovery filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parker, Lauren) (Entered: 05/01/2025)

Order on Motion to Expedite

MINUTE ORDER: Upon consideration of Plaintiff's Motion to Expedite Discovery, Dkt. 13, Defendants' opposition, Dkt. 16, and Plaintiff's reply, Dkt. 18, the motion is DENIED without prejudice as premature. Defendants have represented that they will "respond to the FACA claims by filing a motion to dismiss on or before May 12, 2025." Dkt. 16 at 16. In light of the concerns raised in Plaintiff's Motion to Expedite Discovery, it is hereby ORDERED that, when Defendants file their motion to dismiss, they shall simultaneously file a "certified list of the contents of the administrative record with the Court" pursuant to Local Rule 7(n)(1), as well as the entire administrative record in this matter. After reviewing Defendants' motion to dismiss and the certified administrative record, Plaintiff may, if appropriate, renew its motion for leave to take discovery (or to supplement the administrative record) to the extent necessary to respond to Defendants' motion to dismiss or upon a showing of other extraordinary circumstances. Signed by Judge Randolph D. Moss on 5/2/2025. (lcrdm1)

Consent MOTION for Extension of Time to Move to Dismiss and Comply with May 2, 2025 Order, and to Extend Plaintiff's Response Deadline by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE ZELDIN. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 05/08/2025)

Order on Motion for Extension of Time to AND Set/Reset Deadlines

MINUTE ORDER: Upon consideration of Defendants' Consent Motion to Extend Deadline, Dkt. 19, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendants shall file their motion to dismiss on or before May 26, 2025, and that Plaintiff shall file its response to Defendants' motion on or before June 16, 2025. Signed by Judge Randolph D. Moss on 5/8/2025. (lcrdm1)

Consent MOTION for Extension of Time to Move to Dismiss and Comply with May 2, 2025 Order, and to Extend Plaintiff's Response Deadline by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE M. ZELDIN. (Attachments: # 1 Text of Proposed Order)(Holt, Samuel) (Entered: 05/20/2025)

Order on Motion for Extension of Time to AND Set/Reset Deadlines

MINUTE ORDER: Upon consideration of Defendants' Consent Motion for Extension of Time to Move to Dismiss, Dkt. 20, it is hereby ORDERED that the motion is GRANTED; it is further ORDERED that Defendants shall file their motion to dismiss on or before May 27, 2025 and that Plaintiff shall file its response to Defendants' motion on or before June 17, 2025. Signed by Judge Randolph D. Moss on 5/20/2025. (lcrdm1)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/15/2025. Answer due for ALL FEDERAL DEFENDANTS by 7/14/2025. (Attachments: # 1 Exhibits 1-8)(Parker, Lauren) (Entered: 05/21/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 5/16/2025. (Attachments: # 1 Exhibits 1-8)(Parker, Lauren) (Entered: 05/21/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ANIMAL AND PLANT HEALTH INSPECTION SERVICE served on 4/8/2025; JESSICA BOWRON served on 4/8/2025; BUREAU OF OCEAN ENERGY MANAGEMENT served on 4/8/2025; DOUGLAS J. BURGUM served on 4/8/2025 (Attachments: # 1 Exhibit Exhibits 1-8)(Parker, Lauren) (Entered: 05/21/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. WALTER CRUICKSHANK served on 4/8/2025; SEAN DUFFY served on 4/8/2025; FEDERAL AVIATION ADMINISTRATION served on 4/8/2025; NANCY HANN served on 4/8/2025; HOWARD W. LUTNICK served on 4/8/2025; RANDY MOORE served on 4/8/2025; NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION served on 4/8/2025; NATIONAL PARK SERVICE served on 4/8/2025; JOHN RABY served on 4/8/2025; CHRIS ROCHELEAU served on 4/8/2025; BROOKE L. ROLLINS served on 4/8/2025; PAUL SOUZA served on 4/8/2025; U.S. BUREAU OF LAND MANAGEMENT served on 4/8/2025; U.S. DEPARTMENT OF AGRICULTURE served on 4/8/2025; U.S. DEPARTMENT OF COMMERCE served on 4/8/2025; U.S. DEPARTMENT OF INTERIOR served on 4/11/2025; U.S. DEPARTMENT OF TRANSPORTATION served on 4/8/2025; U.S. ENVIRONMENTAL PROTECTION AGENCY served on 5/15/2025; U.S. FISH AND WILDLIFE SERVICE served on 4/8/2025; U.S. FOREST SERVICE served on 4/8/2025; MICHAEL WATSON served on 4/8/2025; LEE M. ZELDIN served on 4/8/2025 (Attachments: # 1 Exhibit Exhibits 1-8)(Parker, Lauren) (Entered: 05/21/2025)

MOTION to Redact Materials in Administrative Records by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE M. ZELDIN. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 05/27/2025)

1 Text of Proposed Order

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ADMINISTRATIVE RECORD by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE M. ZELDIN. (Attachments: # 1 Index to Administrative Records, # 2 Certifications and Administrative Records)(Holt, Samuel) (Entered: 05/27/2025)

1 Index to Administrative Records

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2 Certifications and Administrative Records

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Partial MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE M. ZELDIN. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(Holt, Samuel) (Entered: 05/27/2025)

1 Memorandum in Support

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2 Exhibit A

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3 Text of Proposed Order

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RESPONSE re 25 MOTION to Redact Materials in Administrative Records filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parker, Lauren) (Entered: 06/10/2025)

Consent MOTION for Extension of Time to File Response/Reply by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Margolis, Jared) (Entered: 06/13/2025)

1 Text of Proposed Order

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Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

MINUTE ORDER: Upon consideration of Plaintiff's Consent Motion for Extension of Time, Dkt. 29, it is hereby ORDERED that the Motion is GRANTED. Plaintiff shall file its opposition to the motion to dismiss on or before June 17, 2025, and Defendants shall file their reply on or before July 8, 2025. Plaintiff shall file its renewed motion for discovery on or before June 17, 2025, Defendants shall file their opposition on or before July 1, 2025, and Plaintiff shall file its reply on or before July 15, 2025. Signed by Judge Randolph D. Moss on 6/13/2025. (lcrdm1)

Consent MOTION for Extension of Time to File Reply in Support of Motion to Redact (ECF 25) by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE M. ZELDIN. (Attachments: # 1 Text of Proposed Order)(Holt, Samuel) (Entered: 06/17/2025)

1 Text of Proposed Order

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RESPONSE re 27 Partial MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim Opposition filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Parker, Lauren) (Entered: 06/17/2025)

MOTION for Discovery Renewed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit A Proposed discovery requests, # 2 Text of Proposed Order)(Parker, Lauren) (Entered: 06/17/2025)

REPLY to opposition to motion re 25 Motion for Miscellaneous Relief,,, to Redact Materials in Administrative Records filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE M. ZELDIN. (Holt, Samuel) (Entered: 06/17/2025)

MINUTE ORDER: Upon consideration of Defendants' consent motion to extend the deadline to file their reply in support of their motion to redact, Dkt. 30, it is hereby ORDERED that Defendants' motion is GRANTED. It is further ORDERED that Defendants shall file their reply in support of their motion to redact on or before June 19, 2025. Signed by Judge Randolph D. Moss on 6/19/2025. (lcrdm1)

Order on Motion for Extension of Time to AND Set/Reset Deadlines

Memorandum in opposition to re 32 MOTION for Discovery Renewed filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE M. ZELDIN. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 07/01/2025)

REPLY to opposition to motion re 27 Motion to Dismiss/Lack of Jurisdiction,,, filed by ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE M. ZELDIN. (Holt, Samuel) (Entered: 07/08/2025)

REPLY to opposition to motion re 32 Motion for Discovery filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parker, Lauren) (Entered: 07/15/2025)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: Upon consideration of Defendants' Motion to Redact Materials in Administrative Record, Dkt. 25, and Defendant's statement in Reply, Dkt. 33, that they are "willing to disclose to Plaintiff the actual names of all relevant employees if Plaintiff were to agree to a protective order to prevent further dissemination of the information," id. at 5 n.2, it is hereby ORDERED that Defendants disclose to Plaintiff's counsel the names of employees or other individuals that Defendants seek to redact from the administrative record, and that Plaintiff's counsel shall not disclose that information in any manner without further order of this Court. It is further ORDERED that, on or before August 22, 2025, the parties file declarations with the Court indicating whether the relationship of any of the employees or other individuals at issue with DOGE has previously been publicly disclosed, the circumstances of any such public disclosure, and the extent to which any proposed redactions remain necessary. Signed by Judge Randolph D. Moss on 8/13/2025. (lcrdm1)

Order

NOTICE of Appearance by Eric Robert Glitzenstein on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Glitzenstein, Eric) (Entered: 08/14/2025)

Order

.Order AND ~Util - Set/Reset Hearings

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a status conference on August 26, 2025, at 10:00 a.m., in Courtroom 8. The parties should be prepared to discuss the FOIA claims raised in count 3 of Plaintiff's first amended complaint, Dkt. 12, and how the resolution of those claims might affect Defendants' pending partial motion to dismiss, Dkt. 27 and Plaintiffs' pending renewed motion for discovery, Dkt. 32 . Signed by Judge Randolph D. Moss on 08/14/2025. (lcrdm3)

NOTICE OF WITHDRAWAL OF APPEARANCE as to ANIMAL AND PLANT HEALTH INSPECTION SERVICE, JESSICA BOWRON, BUREAU OF OCEAN ENERGY MANAGEMENT, DOUGLAS J. BURGUM, WALTER CRUICKSHANK, SEAN DUFFY, FEDERAL AVIATION ADMINISTRATION, NANCY HANN, HOWARD W. LUTNICK, RANDY MOORE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, NATIONAL PARK SERVICE, JOHN RABY, CHRIS ROCHELEAU, BROOKE L. ROLLINS, PAUL SOUZA, U.S. BUREAU OF LAND MANAGEMENT, U.S. DEPARTMENT OF AGRICULTURE, U.S. DEPARTMENT OF COMMERCE, U.S. DEPARTMENT OF INTERIOR, U.S. DEPARTMENT OF TRANSPORTATION, U.S. ENVIRONMENTAL PROTECTION AGENCY, U.S. FISH AND WILDLIFE SERVICE, U.S. FOREST SERVICE, MICHAEL WATSON, LEE M. ZELDIN. Attorney Bradley P. Humphreys terminated. (Humphreys, Bradley) (Entered: 08/15/2025)

Notice of Withdrawal of Motion

Declaration

Status Conference AND ~Util - Set/Reset Deadlines

Status Report

.Order AND ~Util - Set/Reset Deadlines