Case: Corporation for Public Broadcasting v. Federal Emergency Management Agency

1:25-cv-00740 | U.S. District Court for the District of District of Columbia

Filed Date: March 13, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the legality of Federal Emergency Management Agency's (FEMA) hold on grants relating to the Next Generation Warning System. (To see the Clearinghouse's collection of legal challenges to actions by the second Trump administration, click here.)  On March 13, 2025, the Corporation for Public Broadcasting (CPB) filed this lawsuit against FEMA and its agency head in the United States District Court for the District of Columbia. CPB was represented by Saul Ewing LLP. The Plaintif…

This case challenged the legality of Federal Emergency Management Agency's (FEMA) hold on grants relating to the Next Generation Warning System. (To see the Clearinghouse's collection of legal challenges to actions by the second Trump administration, click here.) 

On March 13, 2025, the Corporation for Public Broadcasting (CPB) filed this lawsuit against FEMA and its agency head in the United States District Court for the District of Columbia. CPB was represented by Saul Ewing LLP. The Plaintiff challenged FEMA’s hold on grant funding awarded to the Plaintiff related to the Next Generation Warning System (NGWS); the grant was issued in 2022  to aid in modernizing the national emergency alert system. The complaint claimed that the implementation of the grant is necessary to "[c]reate and maintain a resilient public alert and warning system that provides timely and effective warnings, especially including areas that are traditionally underserved by broadcast providers." Further, the Plaintiff alleged that the withholding of funding violated the Administrative Procedure Act. The Plaintiff sought injunctive and declaratory relief.  

The Plaintiff filed a motion for a temporary restraining order (TRO) on the same day as the complaint. The case was assigned to District Judge Timothy J. Kelly on March 13, 2025. Judge Kelly held a hearing on this motion on March 17, 2025, at which time the TRO was denied. As reported, Judge Kelly stated that the circuit has "set a high standard for irreparable injury," and the Plaintiff had not established that the alert system would stop working without immediate funding. 

This case is ongoing. 

Summary Authors

Lacie Melasi (3/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69734866/parties/corporation-for-public-broadcasting-v-federal-emergency-management-agency/


Judge(s)

Kelly, Timothy James (District of Columbia)

Attorney for Plaintiff

Lipchitz, Joseph Dominic (District of Columbia)

McElroy, Jason W. (District of Columbia)

Nanov, Peter Christopher (District of Columbia)

Attorney for Defendant

Carilli, Joseph F. (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00740

Complaint

March 13, 2025

March 13, 2025

Complaint
4

1:25-cv-00740

Plaintiff the Corporation for Public Broadcasting's Motion for a Temporary Restraining Order

March 13, 2025

March 13, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69734866/corporation-for-public-broadcasting-v-federal-emergency-management-agency/

Last updated April 22, 2025, 6:05 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON ( Filing fee $ 405 receipt number ADCDC-11540188) filed by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McElroy, Jason) (Entered: 03/13/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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March 13, 2025

March 13, 2025

Clearinghouse
2

NOTICE OF RELATED CASE by CORPORATION FOR PUBLIC BROADCASTING. Case related to Case No. 1:25-cv-00239-LLA. (McElroy, Jason) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

RECAP

Notice of Error- New Case

March 13, 2025

March 13, 2025

PACER
3

NOTICE of Appearance by Joseph F. Carilli, Jr on behalf of All Defendants (Carilli, Joseph) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER

Case Assigned/Reassigned

March 13, 2025

March 13, 2025

PACER
4

MOTION for Temporary Restraining Order by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Memorandum in Support of Motion for Temporary Restraining Order, # 2 Exhibit 1 - Declaration of Daryl Mintz, # 3 Exhibit A - in Support of Declaration of Daryl Mintz, # 4 Exhibit B- in Support of Declaration of Daryl Mintz, # 5 Exhibit C- in Support of Declaration of Daryl Mintz, # 6 Exhibit D- in Support of Declaration of Daryl Mintz, # 7 Exhibit E- in Support of Declaration of Daryl Mintz, # 8 Exhibit F- in Support of Declaration of Daryl Mintz, # 9 Exhibit G- in Support of Declaration of Daryl Mintz, # 10 Exhibit H - in Support of Declaration of Daryl Mintz, # 11 Exhibit 2 - Declaration of Jeff Seifert, # 12 Exhibit 3 - Declaration of Mollie Kabler, # 13 Exhibit 4 - Declaration of Mitch Teich, # 14 Exhibit 5 - Declaration of Cindy Spizarny, # 15 Exhibit 6 - Declaration of Michael Gavin, # 16 Text of Proposed Order)(McElroy, Jason) (Entered: 03/13/2025)

1 Memorandum in Support of Motion for Temporary Restraining Order

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2 Exhibit 1 - Declaration of Daryl Mintz

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3 Exhibit A - in Support of Declaration of Daryl Mintz

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4 Exhibit B- in Support of Declaration of Daryl Mintz

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5 Exhibit C- in Support of Declaration of Daryl Mintz

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6 Exhibit D- in Support of Declaration of Daryl Mintz

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7 Exhibit E- in Support of Declaration of Daryl Mintz

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8 Exhibit F- in Support of Declaration of Daryl Mintz

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9 Exhibit G- in Support of Declaration of Daryl Mintz

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10 Exhibit H - in Support of Declaration of Daryl Mintz

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11 Exhibit 2 - Declaration of Jeff Seifert

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12 Exhibit 3 - Declaration of Mollie Kabler

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13 Exhibit 4 - Declaration of Mitch Teich

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14 Exhibit 5 - Declaration of Cindy Spizarny

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15 Exhibit 6 - Declaration of Michael Gavin

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16 Text of Proposed Order

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March 13, 2025

March 13, 2025

Clearinghouse

Case Assigned to Judge Loren L. AliKhan. (zjd)

March 13, 2025

March 13, 2025

PACER

NOTICE OF NEW CASE ERROR regarding 1 Complaint. The following error needs correction: Missing summons- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney for the District of Columbia & U.S. Attorney General. Please submit the missing summons using the event Request for Summons to Issue. (zjd)

March 13, 2025

March 13, 2025

PACER
5

SUMMONS (3) Issued Electronically as to FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON, and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (zjd) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER

Case randomly reassigned to Judge Timothy J. Kelly. Judge Loren L. AliKhan is no longer assigned to the case as it is not related. (ztnr)

March 13, 2025

March 13, 2025

PACER
6

REQUEST FOR SUMMONS TO ISSUE to Edward R. Martin, Jr., US Attorney for the District of Columbia filed by CORPORATION FOR PUBLIC BROADCASTING.(McElroy, Jason) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph D. Lipchitz, Filing fee $ 100, receipt number ADCDC-11540987. Fee Status: Fee Paid. by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Declaration of Joseph D. Lipchitz in Support of Motion for Admission Pro Hac Vice, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(McElroy, Jason) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey S. Robbins, Filing fee $ 100, receipt number ADCDC-11540988. Fee Status: Fee Paid. by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Declaration of Jeffrey S. Robbins in Support of Motion for Admission Pro Hac Vice, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(McElroy, Jason) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER
9

STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 3/13/2025. (lctjk1) (Entered: 03/13/2025)

March 13, 2025

March 13, 2025

PACER

MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney Joseph D. Lipchitz is hereby admitted pro hac vice on behalf of Plaintiff. 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 Timothy J. Kelly on 3/14/2025. (lctjk1)

March 14, 2025

March 14, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines AND ~Util - Set/Reset Deadlines/Hearings

March 14, 2025

March 14, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 14, 2025

March 14, 2025

PACER

MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. Attorney Jeffrey S. Robbins is hereby admitted pro hac vice on behalf of Plaintiff. 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 Timothy J. Kelly on 3/14/2025. (lctjk1)

March 14, 2025

March 14, 2025

PACER

Order

March 14, 2025

March 14, 2025

PACER

MINUTE ORDER: It is hereby ORDERED that Defendants shall file any opposition to Plaintiff's 4 Motion for Temporary Restraining Order by 5:00 p.m. on March 15, 2025. It is further ORDERED that the parties shall appear for a hearing on Plaintiff's 4 Motion on March 17, 2025, at 2:00 p.m. in Courtroom 11. Members of the public and the media are permitted to attend the hearing. There will not be a public telephone line connected; however, the courthouse media access room will be available. Signed by Judge Timothy J. Kelly on 3/14/2025. (lctjk1)

March 14, 2025

March 14, 2025

PACER
10

SUMMONS (1) Issued Electronically as to U.S. Attorney. (znmw) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

PACER
11

NOTICE of Appearance by Joseph Dominic Lipchitz, I on behalf of CORPORATION FOR PUBLIC BROADCASTING (Lipchitz, Joseph) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

PACER
12

NOTICE of Appearance by Jeffrey Scott Robbins on behalf of CORPORATION FOR PUBLIC BROADCASTING (Robbins, Jeffrey) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

PACER
13

NOTICE of Appearance by Peter Christopher Nanov on behalf of CORPORATION FOR PUBLIC BROADCASTING (Nanov, Peter) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

PACER
14

Memorandum in opposition to re 4 Motion for TRO,,, filed by FEDERAL EMERGENCY MANAGEMENT AGENCY, CAMERON HAMILTON. (Attachments: # 1 Exhibit A)(Carilli, Joseph) (Entered: 03/15/2025)

1 Exhibit A

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March 15, 2025

March 15, 2025

RECAP
15

REPLY to opposition to motion re 4 Motion for TRO,,, filed by CORPORATION FOR PUBLIC BROADCASTING. (Attachments: # 1 Exhibit 7 - Supplemental Declaration of Daryl Mintz, # 2 Exhibit 8 - Declaration of Evan Slavitt, # 3 Exhibit A in Support of Declaration of Evan Slavitt, # 4 Exhibit B in Support of Declaration of Evan Slavitt, # 5 Exhibit C in Support of Declaration of Evan Slavitt)(McElroy, Jason) (Entered: 03/16/2025)

1 Exhibit 7 - Supplemental Declaration of Daryl Mintz

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2 Exhibit 8 - Declaration of Evan Slavitt

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3 Exhibit A in Support of Declaration of Evan Slavitt

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4 Exhibit B in Support of Declaration of Evan Slavitt

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5 Exhibit C in Support of Declaration of Evan Slavitt

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March 16, 2025

March 16, 2025

RECAP
16

NOTICE of Corrected Exhibit in Support of Reply Brief in support of Motion for a Temporary Restraining Order by CORPORATION FOR PUBLIC BROADCASTING re 15 Reply to opposition to Motion, (Attachments: # 1 Exhibit 8 - Declaration of Evan Slavitt)(Nanov, Peter) (Entered: 03/17/2025)

1 Exhibit 8 - Declaration of Evan Slavitt

View on RECAP

March 17, 2025

March 17, 2025

PACER

Motion Hearing

March 17, 2025

March 17, 2025

PACER

Order on Motion for TRO

March 17, 2025

March 17, 2025

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: Motion Hearing held on 3/17/2025. For the reasons stated on the record, Plaintiff's 4 MOTION for Temporary Restraining Order is DENIED. (Court Reporter: Chandra Kean) (zkh)

March 17, 2025

March 17, 2025

PACER

MINUTE ORDER: For the reasons stated on the record at today's hearing, it is hereby ORDERED that Plaintiff's 4 Motion for Temporary Restraining Order is DENIED. Signed by Judge Timothy J. Kelly on 3/17/2025. (lctjk1)

March 17, 2025

March 17, 2025

PACER
17

TRANSCRIPT OF PROCEEDINGS (Ruling on TRO) before Judge Timothy J. Kelly held on Monday, March 17, 2025; Page Numbers: 1-20. Date of Issuance: March 18, 2025. Court Reporter/Transcriber Chandra Kean, RMR, Telephone number (202)354-3404, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.Redaction Request due 4/8/2025. Redacted Transcript Deadline set for 4/18/2025. Release of Transcript Restriction set for 6/16/2025.(Kean, Chandra) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

PACER
18

Summons Returned Executed as to DC Attorney General

April 22, 2025

April 22, 2025

PACER
19

Summons Returned Executed as to U.S. Attorney General

April 22, 2025

April 22, 2025

PACER
20

Summons Returned Executed as to Federal Defendant

April 22, 2025

April 22, 2025

PACER

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:

Corporation for Public Broadcasting, a nonprofit corporation created pursuant to the Public Broadcasting Act of 1967.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Federal Emergency Management Agency (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Spending/Appropriations Clauses

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.:

Funding

Government services

Public assistance grants

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)