Case: Butterbee Farm v. United States Department of Agriculture

1:25-cv-00737 | U.S. District Court for the District of District of Columbia

Filed Date: March 13, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 13, 2025, Butterbee Farm, Cultivate KC, Faith in Place, GreenLatinos, Hendrix Farm, One Acre Farm, Red Fire Farm, and Two Boots Farm (Plaintiffs) filed a complaint in the United States District Court for the District of Columbia against the United States Department of Agriculture, the Office of Management and Budget (OMB), and Donald J. Trump in his official capacity as President of the United States of America. Plaintiffs sought to compel the United States Department of Agriculture (U…

On March 13, 2025, Butterbee Farm, Cultivate KC, Faith in Place, GreenLatinos, Hendrix Farm, One Acre Farm, Red Fire Farm, and Two Boots Farm (Plaintiffs) filed a complaint in the United States District Court for the District of Columbia against the United States Department of Agriculture, the Office of Management and Budget (OMB), and Donald J. Trump in his official capacity as President of the United States of America.

Plaintiffs sought to compel the United States Department of Agriculture (USDA) to lift an alleged unlawful and indefinite freeze of Congressionally appropriated funds for farmers, non-profit organizations, and other USDA grantees. The plaintiffs’ claims were based on the separation of powers, the Take Care Clause, and the Administrative Procedure Act (APA).

The plaintiffs had received federal USDA grants under programs such as the Inflation Reduction Act (IRA) and acted in reliance on these grants. On President Trump's first day in office, however, he released the Unleashing American Energy Executive Order (EO 14154), which paused IRA grant disbursements until the administration could review grants for consistency with the President's policy preferences. Following the EO, the Office of Management and Budget ordered USDA to halt disbursement of funds, including to existing grantees performing projects for which USDA had already obligated funds. USDA complied by cutting off IRA grant recipients’ access to payment portals, refusing to process invoices, canceling check-in meetings, and failing to respond to requests for clarification from grantees.

The plaintiffs argued that the defendants' actions violated the Constitution and the APA. Specifically, the plaintiffs alleged that 1) the EO exceeded presidential power and usurped legislative authority in violation of the separation of powers; 2) By freezing funding appropriated by Congress without regard to statutes, regulations, and terms governing that funding, the defendants acted contrary to the Executive’s duty to take care that the laws be faithfully executed; 3) The defendants’ actions constituted the unlawful impoundment of appropriated funds in violation of the Impoundment Control Act and the APA; and 4) The defendants’ refusal to disburse obligated funds was arbitrary and capricious in violation of the APA. 

The plaintiffs sought declaratory relief and an order vacating the agency actions implementing the freeze, and preliminary and permanent injunctions preventing the defendants from continuing the freeze and compelling them to release the frozen funds.

The plaintiffs were represented by Earthjustice, and the case was assigned to District Judge Rudolph Contreras.

The plaintiffs filed an amended complaint on May 19, which removed plaintiffs Butterbee Farm and One Acre Farm, adding instead plaintiffs Foodshed Alliance and Hope for Small Farm Sustainability. The amended complaint also removed OMB and its director from the list of defendants. The new complaint added details on how the defendants' actions caused harm to the plaintiffs and were unlawful under existing regulations. While adding no new legal claims, the amended complaint did request different relief. Due to a preliminary injunction issued in a different case, Woonasquatucket River Watershed Council v. Department of Agriculture, that also challenged the freezing of USDA grants, "USDA ha[d] resumed processing invoices and advance requests for IRA grant recipients, including Plaintiffs." Therefore, the plaintiffs no longer requested a preliminary injunction but rather asked the court for declaratory and permanent injunctive relief preventing the defendants from freezing the grants in the future. 

On June 16, the parties proposed a briefing schedule on the parties' cross-motions for summary judgment, with the plaintiffs filing their motion for summary judgment on July 18. 

This case is ongoing.

Summary Authors

Oliver Farnum (4/9/2025)

Jeremiah Price (6/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69733481/parties/butterbee-farm-v-united-states-department-of-agriculture/


Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Apfel, Carrie F. (District of Columbia)

Prothero, Mary (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Becker-Cohen, Miriam (District of Columbia)

Gorod, Brianne Jenna (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00737

Complaint for Injunctive and Declaratory Relief

March 13, 2025

March 13, 2025

Complaint
15

1:25-cv-00737

First Amended Complaint for Declaratory and Injunctive Relief

Cultivate KC v. United States Department of Agriculture

May 19, 2025

May 19, 2025

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69733481/butterbee-farm-v-united-states-department-of-agriculture/

Last updated Aug. 23, 2025, 10:21 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against BUTTERBEE FARM ( Filing fee $ 405 receipt number ADCDC-11539160) filed by BUTTERBEE FARM. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Civil Cover Sheet, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(Vizcarra, Hana) (Entered: 03/13/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Civil Cover Sheet

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8 Summons

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9 Summons

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10 Summons

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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March 13, 2025

March 13, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by BUTTERBEE FARM (Attachments: # 1 26.1 Certificate of Disclosure, # 2 26.1 Certificate of Disclosure, # 3 26.1 Certificate of Disclosure, # 4 26.1 Certificate of Disclosure, # 5 26.1 Certificate of Disclosure, # 6 26.1 Certificate of Disclosure, # 7 26.1 Certificate of Disclosure)(Vizcarra, Hana) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
3

SEALED DOCUMENT filed by BUTTERBEE FARM re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Vizcarra, Hana) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mary Prothero, Filing fee $ 100, receipt number ADCDC-11540006. Fee Status: Fee Paid. by CULTIVATE KC, FAITH IN PLACE, GREENLATINOS, HENDRIX FARM, ONE ACRE FARM, RED FIRE FARM, TWO BOOTS FARM, BUTTERBEE FARM. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Vizcarra, Hana) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
5

SUMMONS (7) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 03/13/2025)

1 Notice and Consent

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March 13, 2025

March 13, 2025

PACER

Case Assigned/Reassigned

March 13, 2025

March 13, 2025

PACER

Case Assigned to Judge Rudolph Contreras. (zmtm)

March 13, 2025

March 13, 2025

PACER

MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Mary Prothero is admitted to represent Plaintiffs pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civil Rule 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Rudolph Contreras on 03/14/2025. (lcrc2)

March 14, 2025

March 14, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 14, 2025

March 14, 2025

PACER
6

NOTICE of Appearance by Mary Prothero on behalf of All Plaintiffs (Prothero, Mary) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

PACER
7

NOTICE of Appearance by Deena Tumeh on behalf of All Plaintiffs (Tumeh, Deena) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
8

NOTICE of Appearance by Carrie F. Apfel on behalf of All Plaintiffs (Apfel, Carrie) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
9

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BROOKE L. ROLLINS served on 3/20/2025 (Vizcarra, Hana) (Entered: 03/28/2025)

March 28, 2025

March 28, 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 3/21/2025. Answer due for ALL FEDERAL DEFENDANTS by 5/20/2025. (Vizcarra, Hana) (Main Document 10 replaced on 4/1/2025) (znmw). (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER
11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF AGRICULTURE served on 3/26/2025 (Vizcarra, Hana) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RUSSELL VOUGHT served on 3/25/2025 (Vizcarra, Hana) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 4/17/2025 (Vizcarra, Hana) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/21/2025. (Vizcarra, Hana) (Main Document 14 replaced on 5/5/2025) (znmw). (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

PACER
15

AMENDED COMPLAINT against BROOKE L. ROLLINS, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF AGRICULTURE filed by FAITH IN PLACE, GREENLATINOS, RED FIRE FARM, CULTIVATE KC, HENDRIX FARM, TWO BOOTS FARM, HOPE FOR SMALL FARM SUSTAINABILITY, FOODSHED ALLIANCE. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Summons Brooke Rollins, # 5 Summons United States Department of Agriculture, # 6 Summons Donald J. Trump, # 7 Summons United States Attorney's Office for the District of Columbia, # 8 Summons Attorney General of the United States)(Vizcarra, Hana) (Entered: 05/19/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Summons Brooke Rollins

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5 Summons United States Department of Agriculture

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6 Summons Donald J. Trump

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7 Summons United States Attorney's Office for the District of Columbia

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8 Summons Attorney General of the United States

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May 19, 2025

May 19, 2025

Clearinghouse
16

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FOODSHED ALLIANCE, HOPE FOR SMALL FARM SUSTAINABILITY (Attachments: # 1 26.1 Certificate of Disclosure)(Vizcarra, Hana) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

PACER
17

SEALED DOCUMENT filed by HENDRIX FARM, RED FIRE FARM, TWO BOOTS FARM re 15 Amended Complaint,, (This document is SEALED and only available to authorized persons.)(Vizcarra, Hana) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

PACER
18

NOTICE of Appearance by Bradley Silverman on behalf of All Defendants (Silverman, Bradley) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

PACER
19

ERRATA (Corrected Notice of Appearance) by BROOKE L. ROLLINS, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF AGRICULTURE re 18 Notice of Appearance. (Silverman, Bradley) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

PACER
20

ANSWER to 15 Amended Complaint,, by BROOKE L. ROLLINS, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF AGRICULTURE.(Silverman, Bradley) (Entered: 06/02/2025)

June 2, 2025

June 2, 2025

RECAP

.Order

June 2, 2025

June 2, 2025

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall meet, confer, and jointly submit a proposed schedule to govern further proceedings on or before June 16, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 06/02/2025. (lcrc2)

June 2, 2025

June 2, 2025

PACER
21

Joint STATUS REPORT by BROOKE L. ROLLINS, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF AGRICULTURE. (Silverman, Bradley) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

RECAP

.Order

June 17, 2025

June 17, 2025

PACER

MINUTE ORDER: Upon consideration of 21 the parties' Joint Status Report, it is hereby ORDERED that the following briefing schedule shall govern further proceedings: Plaintiffs' Motion for Summary Judgment shall be filed on or before July 18, 2025; Defendants' Response and Cross-Motion shall be filed on or before August 18, 2025; Plaintiffs' Reply and Cross-Response shall be filed on or before September 1, 2025; and Defendants' Cross-Reply shall be filed on or before September 15, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 06/17/2025. (lcrc2)

June 17, 2025

June 17, 2025

PACER

Order

June 17, 2025

June 17, 2025

PACER
22

MOTION for Summary Judgment by CULTIVATE KC, FAITH IN PLACE, FOODSHED ALLIANCE, GREENLATINOS, HENDRIX FARM, HOPE FOR SMALL FARM SUSTAINABILITY, RED FIRE FARM, TWO BOOTS FARM. (Attachments: # 1 Memorandum in Support, # 2 Declaration Exhibits 1-9, # 3 Text of Proposed Order)(Vizcarra, Hana) (Entered: 07/18/2025)

1 Memorandum in Support

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2 Declaration Exhibits 1-9

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3 Text of Proposed Order

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July 18, 2025

July 18, 2025

RECAP
23

Consent MOTION for Leave to File Amicus Brief in Support of Plaintiffs' Motion for Summary Judgment by CONSTITUTIONAL ACCOUNTABILITY CENTER. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Gorod, Brianne) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

RECAP
24

NOTICE of Appearance by Miriam Becker-Cohen on behalf of CONSTITUTIONAL ACCOUNTABILITY CENTER (Becker-Cohen, Miriam) (Entered: 07/24/2025)

July 24, 2025

July 24, 2025

PACER

Set/Reset Deadlines

July 28, 2025

July 28, 2025

PACER
25

Summary Judgment

Aug. 17, 2025

Aug. 17, 2025

RECAP
26

Response to motion

Aug. 17, 2025

Aug. 17, 2025

RECAP

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 (Spending Freezes/Cuts)

Key Dates

Filing Date: March 13, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are farmers and non-profit organizations that received USDA grants.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

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

Donald J. Trump (in his official capacity) (Washington, D.C., District of Columbia), Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Separation of Powers

Take Care Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Government services

Public assistance grants

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)