Case: Defenders of Wildlife v. Burgum

3:25-cv-00319 | U.S. District Court for the District of Alaska

Filed Date: Nov. 12, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 12, 2025, Plaintiff, Defender of Wildlife – a nonprofit 501(c)(3) membership organization dedicated to the protection and restoration of all native U.S. species in their natural communities and the preservation of the habitats on which these species depend – filed this suit in the U.S. District Court for the District of Alaska against the Department of the Interior, the U.S. Fish & Wildlife Service, and the King Cove Corporation to invalidate a 2025 land exchange involving the Izemb…

On November 12, 2025, Plaintiff, Defender of Wildlife – a nonprofit 501(c)(3) membership organization dedicated to the protection and restoration of all native U.S. species in their natural communities and the preservation of the habitats on which these species depend – filed this suit in the U.S. District Court for the District of Alaska against the Department of the Interior, the U.S. Fish & Wildlife Service, and the King Cove Corporation to invalidate a 2025 land exchange involving the Izembek National Wildlife Refuge in Alaska. The complaint challenged Interior Secretary Doug Burgum’s decision to reallocate 484 acres of federal refuge and wilderness land to the King Cove Corporation, enabling the corporation to build a road connecting King Cove and Cold Bay, Alaska. Plaintiff claimed the planned road will “result in incalculable and irreversible damage to the myriad wildlife species, the world-class wetlands and lagoon complex on the Izembek isthmus, and the pristine wilderness values for which Izembek is known nation- and worldwide.”

The Plaintiff alleged that Defendants' action violated The Wilderness Act, The National Wildlife Refuge System Improvement Act, ANILCA (Alaska National Interest Lands Conservation Act), and The Administrative Procedure Act. The Plaintiff sought a vacatur of the 2025 land exchange, an order that the land be restored to the federal government and to the Izembek Refuge, declarations that the Defendants’ actions violated the applicable laws, and an injunction barring the federal Defendants from taking any further steps to enable construction of the road.

This case is ongoing.

Summary Authors

Maddy Ligon (11/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71905243/parties/defenders-of-wildlife-v-burgum/


Judge(s)

Gleason, Sharon Louise (Alaska)

Attorney for Plaintiff

Davenport, Jane (Alaska)

Franz, Daniel (Alaska)

show all people

Documents in the Clearinghouse

Document
1

3:25-cv-00319

Complaint for Declaratory and Injunctive Relief

Nov. 12, 2025

Nov. 12, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71905243/defenders-of-wildlife-v-burgum/

Last updated April 20, 2026, 3:29 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Doug Burgum, King Cove Corporation, Brian Nesvik ( Filing fee $ 405 receipt number AAKDC-3860755.), filed by Defenders of Wildlife.(Franz, Daniel) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

Clearinghouse
2

Civil Cover Sheet. (Franz, Daniel) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

3

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Daniel Franz. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3860761.) by Defenders of Wildlife.(Franz, Daniel) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

4

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Jane P. Davenport. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3860764.) by Defenders of Wildlife.(Davenport, Jane) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

5

Clerk's Notice: Pursuant to the system of random case assignment, this case has been assigned to the Honorable Senior Judge H. Russel Holland. Please use the following case number for all future filings 3:25-cv-00319-HRH. (JDV, COURT STAFF) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

6

Unissued summons re Defendant Brian Nesvik, (Attachments: # 1 King Cove Corporation, # 2 Doug Burgum)(JDV, COURT STAFF) (Entered: 11/12/2025)

Nov. 12, 2025

Nov. 12, 2025

1 - Summons Issued

Nov. 12, 2025

Nov. 12, 2025

Clerks Notice

Nov. 12, 2025

Nov. 12, 2025

Summons Issued as to Doug Burgum, King Cove Corporation, Brian Nesvik. (JDV, COURT STAFF)

Nov. 12, 2025

Nov. 12, 2025

7

Corporate Disclosure Statement by Defenders of Wildlife. (Franz, Daniel) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

8

HRH TEXT ORDER: At the request of Judge Holland, this case is randomly reassigned to another judge. Pursuant to the system of random case assignments, this case is reassigned to Chief Judge Sharon L. Gleason for all further proceedings. Please use the following case number on all future filings: 3:25-cv-00319-SLG. (ANM, COURT STAFF) (Entered: 11/13/2025)

Nov. 13, 2025

Nov. 13, 2025

Order Reassigning Case

Nov. 13, 2025

Nov. 13, 2025

9

NOTICE of Related Cases by Defenders of Wildlife (Franz, Daniel) (Entered: 11/17/2025)

Nov. 17, 2025

Nov. 17, 2025

10

SUMMONS Returned Executed by Defenders of Wildlife. Doug Burgum served on 11/17/2025, answer due 1/16/2026; Brian Nesvik served on 11/17/2025, answer due 1/16/2026. (Franz, Daniel) (Entered: 11/19/2025)

Nov. 19, 2025

Nov. 19, 2025

11

SUMMONS Returned Executed by Defenders of Wildlife. King Cove Corporation served on 11/18/2025, answer due 12/9/2025. (Franz, Daniel) (Entered: 11/19/2025)

Nov. 19, 2025

Nov. 19, 2025

12

NOTICE of Appearance by James Francis Clark on behalf of King Cove Corporation (Clark, James) (Entered: 11/27/2025)

Nov. 27, 2025

Nov. 27, 2025

13

ADDITIONAL RELATED DOCUMENT Jane P. Davenport Certificate of Good Standing by Defenders of Wildlife re 4 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Jane P. Davenport. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3860764.). (Davenport, Jane) (Entered: 12/16/2025)

Dec. 16, 2025

Dec. 16, 2025

14

ADDITIONAL RELATED DOCUMENT Daniel Franz Certificate of Good Standing by Defenders of Wildlife re 3 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Daniel Franz. ( Pro Hac Vice Admission fee $250.00 paid. Receipt number AAKDC-3860761.). (Franz, Daniel) (Entered: 12/16/2025)

Dec. 16, 2025

Dec. 16, 2025

15

CLERK'S NOTICE re 4 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Jane P. Davenport, at docket 4, is authorized under L.Civ.R. 83.1(d). (JDS, COURT STAFF) (Entered: 12/16/2025)

Dec. 16, 2025

Dec. 16, 2025

16

CLERK'S NOTICE re 3 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Daniel Franz, at docket 3, is authorized under L.Civ.R. 83.1(d). (JDS, COURT STAFF) (Entered: 12/16/2025)

Dec. 16, 2025

Dec. 16, 2025

Clerks Notice Approving Non-Resident Attorney Application

Dec. 16, 2025

Dec. 16, 2025

17

NOTICE of Appearance by Michael S. Sawyer on behalf of Doug Burgum, Brian Nesvik (Sawyer, Michael) (Entered: 01/05/2026)

Jan. 5, 2026

Jan. 5, 2026

18

Consent MOTION Seeking Leave of the Obligation to File an Answer and Adopt Proposed Case Management Order by Doug Burgum, Brian Nesvik. (Attachments: # 1 Proposed Order)(Sawyer, Michael) (Entered: 01/05/2026)

Jan. 5, 2026

Jan. 5, 2026

19

ORDER granting 18 Motion Seeking Leave of the Obligation to File an Answer and Adopt Proposed Case Management Order. Administrative record due by 1/16/2026. Opening brief due by 2/20/2026. See Order for additional details. Signed by Judge Sharon L. Gleason on 1/7/2026. (JDS, COURT STAFF) (Entered: 01/07/2026)

Jan. 7, 2026

Jan. 7, 2026

20

NOTICE of Conventional Filing of Administrative Records on Electronic Media by Doug Burgum, Brian Nesvik (Attachments: # 1 Affidavit of Bobbie Jo Skibo, # 2 Exhibit 1 (Volume 1 of 2), # 3 Exhibit 1 (Volume 2 of 2), # 4 Exhibit 2 (Volume 1 of 2), # 5 Exhibit 2 (Volume 2 of 2), # 6 Exhibit 3)(Sawyer, Michael) (Entered: 01/16/2026)

Jan. 16, 2026

Jan. 16, 2026

One Thumb Drive received re 20 and forwarded to Judge Gleason's chambers. (BJK, COURT STAFF)

Jan. 22, 2026

Jan. 22, 2026

Docket Annotation

Jan. 22, 2026

Jan. 22, 2026

21

MOTION to Intervene Unopposed by State of Alaska Dept of Transportation & Public Facilities. (Attachments: # 1 Proposed Order)(Angell, Sarah) (Entered: 02/03/2026)

Feb. 3, 2026

Feb. 3, 2026

22

ORDER granting 21 Unopposed Motion to Intervene. The State of Alaska is hereby admitted into this litigation as an intervenor-defendant. Signed by Judge Sharon L. Gleason on 2/9/2026. (JDS, COURT STAFF) (Entered: 02/09/2026)

Feb. 9, 2026

Feb. 9, 2026

23

MOTION for Summary Judgment by Defenders of Wildlife. (Attachments: # 1 Exhibit H.R. 96-97 Pt. II, # 2 Exhibit S. 88-109, # 3 Exhibit H.R. 88-1538, # 4 Exhibit S. 96-413, # 5 Exhibit H.R. 95-1045 Pt. I, # 6 Exhibit H.R. 96-97 Pt. I, # 7 Exhibit S. 95-1300, # 8 Exhibit H.R. 105-106, # 9 Exhibit Rogers Declaration, # 10 Exhibit Whittington-Evans Declaration)(Franz, Daniel) (Entered: 02/20/2026)

1 Exhibit H.R. 96-97 Pt. II

View on PACER

2 Exhibit S. 88-109

View on PACER

3 Exhibit H.R. 88-1538

View on PACER

4 Exhibit S. 96-413

View on PACER

5 Exhibit H.R. 95-1045 Pt. I

View on PACER

6 Exhibit H.R. 96-97 Pt. I

View on PACER

7 Exhibit S. 95-1300

View on PACER

8 Exhibit H.R. 105-106

View on PACER

9 Exhibit Rogers Declaration

View on PACER

10 Exhibit Whittington-Evans Declaration

View on PACER

Feb. 20, 2026

Feb. 20, 2026

RECAP
24

ORDER ON JUDGE GLEASON'S CHAMBERS COPIES: At Docket 23 is Plaintiff's Motion for Summary Judgment; the filing is greater than 50 pages. The parties shall provide a chambers copy for the use of the undersigned judge of every filing that exceeds 50 pages, including attachments. See Order for instructions. Signed by Judge Sharon L. Gleason on 2/27/2026. (ANM, COURT STAFF) (Entered: 02/27/2026)

Feb. 27, 2026

Feb. 27, 2026

RECAP
25

Consent MOTION for Extension of Time to File Response/Reply as to 19 Order,, Terminate Motions,, Set Deadlines, 23 MOTION for Summary Judgment by Doug Burgum, Brian Nesvik. (Attachments: # 1 Proposed Order)(Sawyer, Michael) (Entered: 03/23/2026)

March 23, 2026

March 23, 2026

26

NOTICE of Appearance by Jennifer A Sundook on behalf of Doug Burgum, Brian Nesvik (Sundook, Jennifer) (Entered: 03/24/2026)

March 24, 2026

March 24, 2026

27

ORDER granting 25 Unopposed Motion to Extend Briefing Deadlines. Responses due by 4/6/2026. Replies due by 4/20/2026. Signed by Judge Sharon L. Gleason on 3/24/2026. (JDS, COURT STAFF) (Entered: 03/24/2026)

March 24, 2026

March 24, 2026

RECAP
28

RESPONSE in Opposition re 23 MOTION for Summary Judgment filed by King Cove Corporation. (Clark, James) (Entered: 04/06/2026)

April 6, 2026

April 6, 2026

29

RESPONSE in Opposition re 23 MOTION for Summary Judgment and State of Alaska's Motion for Summary Judgment filed by State of Alaska Dept of Transportation & Public Facilities. (Attachments: # 1 Exhibit EXHIBIT A, # 2 Exhibit EXHIBIT B, # 3 Exhibit EXHIBIT C, # 4 Exhibit EXHIBIT D, # 5 Exhibit EXHIBIT E, # 6 Exhibit EXHIBIT F)(Angell, Sarah) (Entered: 04/06/2026)

April 6, 2026

April 6, 2026

30

RESPONSE in Opposition re 23 MOTION for Summary Judgment filed by Doug Burgum, Brian Nesvik. (Attachments: # 1 Errata to Biological Opinion, # 2 Affidavit of Diana Biesanz, # 3 Exhibit 1 - Isanotski Exchange, # 4 Exhibit 2 - Nunakauiak Yupik Exchange, # 5 Exhibit 3 - Chefarnrmute Exchange, # 6 Exhibit 4 - Shumagin Exchange, # 7 Exhibit 5 - Akutan Exchange, # 8 Exhibit 6 - Napaskiak Exchange, # 9 Exhibit 7 - Oceanside Exchange, # 10 Exhibit 8 - Sea Lion Exchanges, # 11 Exhibit 9 - NIMA 2013 Exchange, # 12 Exhibit 10 - Chevak Exchange, # 13 Exhibit 11 - Askinuk Exchange, # 14 Exhibit 12 - NIMA 2017 Exchange)(Sawyer, Michael) (Entered: 04/06/2026)

April 6, 2026

April 6, 2026

31

NOTICE TO COUNSEL: Pursuant to the Court's order at Docket 24 requiring chambers copies of any filings greater than 50 pages in length, counsel is to provide the Court with a CHAMBERS copy of the filings at Dockets 28, 29, and 30 as soon as possible. Chambers copies shall be an exact replica of the filed document, including the document footer assigned by the CM/ECF System; exhibits/attachments must be separately identified with readily visible tabs; and must be legible, single-sided, and two-hole punched at the center of the top page. (JDV, COURT STAFF) (Entered: 04/07/2026)

April 7, 2026

April 7, 2026

Order

April 7, 2026

April 7, 2026

32

Miscellaneous Relief

April 13, 2026

April 13, 2026

Case Details

State / Territory:

Alaska

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Nov. 12, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A nonprofit 501(c)(3) membership organization dedicated to the protection and restoration of all native U.S. species in their natural communities and the preservation of the habitats on which these species depend.

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

Federal

Brian Nesvik

Doug Burgum

Private Entity/Person

King Cove Corporation

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Other Dockets:

District of Alaska 3:25-cv-00319

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Threatened/endangered fauna

Threatened/endangered flora

Recommended Citation