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

1:25-cv-00612 | U.S. District Court for the District of District of Columbia

Filed Date: March 3, 2025

Case Ongoing

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Case Summary

This case challenges what the complaint describes as a "flagrant violation of the Federal Advisory Committee Act (FACA), which requires transparency, open public participation, and balanced representation when the President or executive branch agencies establish or use non-federal bodies for the purpose of seeking advice or recommendations." This lawsuit was filed on March 3, 2025, in the U.S. District Court for the District of Columbia by the Center for Biological Diversity, a national environ…

The plaintiffs assert that a Trump-issued Executive Order requires "all federal agencies to establish 'DOGE Teams," in consultation with USDS [the United States DOGE Service], to work within the agencies to implement the President's 'DOGE Agenda.'" They further allege that the DOGE Teams are "advisory committees" as the term is defined under FACA, and that the DOGE Teams will be controlled by Elon Musk, which creates potential conflicts of interest, including "by potentially undermining agencies investigating his companies, and providing opportunities to benefit from government contracts and avoid regulatory requirements."

The plaintiffs claim that the defendants' actions violate the Administrative Procedure Act (APA). They seek a declaration that the DOGE Teams are advisory committees subject to FACA requirements and that the defendants violated the APA and FACA. They seek an injunction stopping defendants from meeting with or relying on the work of Doge Teams unless they are brought into compliance with FACA.

The case was assigned to District Judge Randolph D. Moss.

The plaintiffs filed an amended complaint on April 1, 2025, adding claims under the Freedom of Information Act (FOIA) in addition to the original FACA claims. The amended complaint also alleges that several federal agencies failed to respond to timely FOIA requests seeking records related to the DOGE Teams and their activities. The amended version also introduces new factual developments, including a second Executive Order granting the DOGE Teams regulatory rescission authority and Elon Musk’s designation as a special government employee, raising further conflict-of-interest concerns.

This case is ongoing.

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Summary Authors

Nicole Brigstock (4/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69698261/parties/center-for-biological-diversity-v-us-department-of-interior/

Attorney for Plaintiff

Margolis, Jared (District of Columbia)

Parker, Lauren (District of Columbia)

Attorney for Plaintiff

Margolis, Jared (District of Columbia)

Parker, Lauren (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-00612	Complaint for Declaratory and Injunctive Relief	March 3, 2025	March 3, 2025 Complaint
12 1:25-cv-00612	First Amended Complaint for Declaratory and Injunctive Relief	April 1, 2025	April 1, 2025 Complaint

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Resources

Title	Description		External URL Date / External URL
EO 14219 - Ensuring Lawful Governance and Implementing the President's "Department of Government Efficiency" Deregulatory Initiative President Donald Trump	Directing Agency heads, in coordination with DOGE and the Director of the Office of Management and Budget, to review all regulations subject to their sole or joint jurisdiction for consistency with t…	Feb. 19, 2025	Feb. 19, 2025 https://www.federalregister.gov/...
EO 14158 - Establishing and Implementing the President's "Department of Government Efficiency" President Donald Trump	Establishing the Department of Government Efficiency to implement the President's DOGE Agenda, by modernizing Federal technology and software to maximize governmental efficiency and productivity.	Jan. 20, 2025	Jan. 20, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69698261/center-for-biological-diversity-v-us-department-of-interior/

Last updated April 22, 2025, 6:26 p.m.

ECF Number	Description	Date	Link Date / Link
1	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 View on PACER 2 Summons DOI View on PACER 3 Summons DOI Secretary View on PACER 4 Summons BLM View on PACER 5 Summons BLM Director View on PACER 6 Summons BOEM View on PACER 7 Summons BOEM Director View on PACER 8 Summons FWS View on PACER 9 Summons FWS Director View on PACER 10 Summons NPS View on PACER 11 Summons NPS Director View on PACER 12 Summons USDA View on PACER 13 Summons USDA Secretary View on PACER 14 Summons APHIS View on PACER 15 Summons APHIS Administrator View on PACER 16 Summons USFS View on PACER 17 Summons USFS Chief View on PACER 18 Summons DOC View on PACER 19 Summons DOC Secretary View on PACER 20 Summons NOAA View on PACER 21 Summons NOAA Administrator View on PACER 22 Summons DOT View on PACER 23 Summons DOT Secretary View on PACER 24 Summons FAA View on PACER 25 Summons FAA Administrator View on PACER 26 Summons EPA View on PACER 27 Summons EPA Administrator View on PACER 28 Summons Attorney General View on PACER 29 Summons U.S. Attorney D.C. View on PACER	March 3, 2025	March 3, 2025 Clearinghouse
	Case Assigned/Reassigned	March 3, 2025	March 3, 2025 PACER
2	NOTICE OF RELATED CASE by CENTER FOR BIOLOGICAL DIVERSITY. Case related to Case No. 25-cv-165. (Parker, Lauren) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 RECAP
3	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Parker, Lauren) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 PACER
	Case Assigned to Judge Beryl A. Howell. (znmw)	March 3, 2025	March 3, 2025 PACER
4	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 View on RECAP	March 3, 2025	March 3, 2025 RECAP
	.Order	March 4, 2025	March 4, 2025 PACER
	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)	March 4, 2025	March 4, 2025 PACER
	Set/Reset Deadlines	March 5, 2025	March 5, 2025 PACER
	Set/Reset Deadlines: Plaintiff Submission due no later than 2:00PM on 3/6/2025. (mac)	March 5, 2025	March 5, 2025 PACER
5	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)	March 5, 2025	March 5, 2025 PACER
6	RESPONSE TO ORDER OF THE COURT re Order,, filed by CENTER FOR BIOLOGICAL DIVERSITY. (Parker, Lauren) (Entered: 03/05/2025)	March 5, 2025	March 5, 2025 RECAP
	.Order	March 6, 2025	March 6, 2025 PACER
	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)	March 6, 2025	March 6, 2025 PACER
	Order	March 6, 2025	March 6, 2025 PACER
	Case Assigned/Reassigned	March 6, 2025	March 6, 2025 PACER
	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)	March 6, 2025	March 6, 2025 PACER
7	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)	March 6, 2025	March 6, 2025 RECAP
8	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)	March 20, 2025	March 20, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	March 20, 2025	March 20, 2025 PACER
9	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)	March 20, 2025	March 20, 2025 PACER
10	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)	March 20, 2025	March 20, 2025 PACER
	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)	March 20, 2025	March 20, 2025 PACER
11	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)	March 20, 2025	March 20, 2025 PACER
12	AMENDED COMPLAINT against All Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit Complaint redline)(Parker, Lauren) (Entered: 04/01/2025)	April 1, 2025	April 1, 2025 Clearinghouse
13	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 View on PACER 2 Exhibit B Declaration of B Hartl View on PACER 3 Text of Proposed Order View on PACER	April 10, 2025	April 10, 2025 PACER
14	Notice of Appearance	April 10, 2025	April 10, 2025 PACER
15	Notice of Appearance	April 10, 2025	April 10, 2025 PACER

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Case Details

State / Territory: District of Columbia

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 (DOGE Status/Information Access)

Key Dates

Filing Date: March 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Center for Biological Diversity (the “Center”) is a national nonprofit organization that safeguards habitats and works to protect public health, public lands, communities, and a livable climate.

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 of America, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action: