Case: Defenders of Wildlife v. Burgum

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)

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

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)

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)

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)

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

Summons Issued

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

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

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)

Order Reassigning Case

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

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)

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)

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

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)

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)

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)

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)

Clerks Notice Approving Non-Resident Attorney Application

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

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)

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)

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)

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

Docket Annotation

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

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)

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

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2 Exhibit S. 88-109

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3 Exhibit H.R. 88-1538

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4 Exhibit S. 96-413

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

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

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7 Exhibit S. 95-1300

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8 Exhibit H.R. 105-106

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9 Exhibit Rogers Declaration

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10 Exhibit Whittington-Evans Declaration

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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)

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)

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

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)

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

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)

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)

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)

Order

MOTION for Judicial Notice re 30 Response in Opposition to Motion,, by Doug Burgum, Brian Nesvik. (Attachments: # 1 Proposed Order)(Sawyer, Michael) (Entered: 04/13/2026)

REPLY to Response to Motion re 23 MOTION for Summary Judgment filed by Defenders of Wildlife. (Franz, Daniel) (Entered: 04/20/2026)

RESPONSE in Opposition re 32 MOTION for Judicial Notice re 30 Response in Opposition to Motion,, filed by Defenders of Wildlife. (Franz, Daniel) (Entered: 04/27/2026)

NOTICE of Filing Supplemental Administrative Record Documents by Doug Burgum, Brian Nesvik (Attachments: # 1 Supplemental Administrative Record Index, # 2 LE_045909, # 3 LE_045913, # 4 ES_105818, # 5 ES_105820, # 6 CO_280733, # 7 CO_280761)(Sawyer, Michael) (Entered: 05/04/2026)

1 Supplemental Administrative Record Index

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2 LE_045909

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3 LE_045913

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4 ES_105818

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5 ES_105820

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6 CO_280733

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7 CO_280761

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NOTICE of Filing Administrative Record Appendices by Doug Burgum, Brian Nesvik (Attachments: # 1 Volume 1, Part 1, # 2 Volume 1, Part 2, # 3 Volume 2, Part 1, # 4 Volume 2, Part 2, # 5 Volume 2, Part 3, # 6 Volume 3, # 7 Volume 4, Part 1, # 8 Volume 4, Part 2, # 9 Volume 4, Part 3, # 10 Volume 5, Part 1, # 11 Volume 5, Part 2, # 12 Volume 5, Part 3, # 13 Volume 6, Part 1, # 14 Volume 6, Part 2)(Sawyer, Michael) (Entered: 05/04/2026)

1 Volume 1, Part 1

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2 Volume 1, Part 2

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3 Volume 2, Part 1

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4 Volume 2, Part 2

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5 Volume 2, Part 3

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6 Volume 3

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7 Volume 4, Part 1

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8 Volume 4, Part 2

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9 Volume 4, Part 3

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10 Volume 5, Part 1

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11 Volume 5, Part 2

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12 Volume 5, Part 3

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13 Volume 6, Part 1

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14 Volume 6, Part 2

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REPLY to Response to Motion re 32 MOTION for Judicial Notice re 30 Response in Opposition to Motion,, filed by Doug Burgum, Brian Nesvik. (Sawyer, Michael) (Entered: 05/04/2026)

MOTION Decision by July 15, 2026 by Defenders of Wildlife.(Franz, Daniel) (Entered: 05/21/2026)

SUPPLEMENT Proposed Order by Defenders of Wildlife 38 MOTION Decision by July 15, 2026 filed by Defenders of Wildlife. (Franz, Daniel) (Entered: 05/22/2026)

RESPONSE in Opposition re 38 MOTION Decision by July 15, 2026 filed by State of Alaska Dept of Transportation & Public Facilities. (Angell, Sarah) (Entered: 06/04/2026)

MOTION for Leave to Appear Amicus Curae In Opposition to Plaintiff's Motion for Summary Judgment by NANA Regional Corporation, Inc.. (Attachments: # 1 Proposed Order, # 2 Supplement Amicus Brief, # 3 Supplement Declaration)(Slottee, Christopher) (Entered: 06/12/2026)

RESPONSE to Motion (Non-Opposition) re 41 MOTION for Leave to Appear Amicus Curae In Opposition to Plaintiff's Motion for Summary Judgment filed by Defenders of Wildlife. (Franz, Daniel) (Entered: 06/26/2026)

SLG TEXT ORDER: NANA Regional Corporation, Inc.'s Non-Opposed Motion for Leave to Appear as Amicus Curiae in Opposition to Plaintiff's Motion for Summary Judgment at Docket 41 is GRANTED. The brief of Amicus Curiae at Docket [41-2] and the Declaration of Elizabeth A. Cravalho at Docket [41-3] are accepted as filed. (ANM, COURT STAFF) (Entered: 06/30/2026)

Order AND ~Util - Terminate Motions

NOTICE of Clean Water Act 404 Permit Issuance by Defenders of Wildlife (Franz, Daniel) (Entered: 07/09/2026)

ORDER denying 38 MOTION Decision by July 15, 2026. Defendant King Cove Corporation and Intervenor-Defendant the State of Alaska shall provide the Court with an anticipated construction timeline for the Izembek road by July 17, 2026. Signed by Judge Sharon L. Gleason on 7/15/2026. (ANM, COURT STAFF) (Entered: 07/15/2026)

NOTICE NOTICE OF CWA 404 PERMIT ISSUANCE AND UPDATED CONSTRUCTION TIMELINE by State of Alaska Dept of Transportation & Public Facilities (Attachments: # 1 Exhibit CWA 404 Permit, # 2 Exhibit Permit EA)(Angell, Sarah) (Entered: 07/17/2026)

NOTICE in Response to State of Alaska and King Cove Corporation's CWA 404 Permit Issuance and Updated Construction Timeline by Defenders of Wildlife re 46 Notice (Other) (Franz, Daniel) (Entered: 07/20/2026)

NOTICE in Response to Plaintiffs' Responsive Notices by Doug Burgum, Brian Nesvik re 47 Notice (Other) (Sawyer, Michael) (Entered: 07/22/2026)

ADDITIONAL RELATED DOCUMENT State of Alaska and King Cove Corporations Reply to Plaintiffs Response to Notice by State of Alaska Dept of Transportation & Public Facilities. (Angell, Sarah) (Entered: 07/22/2026)

NOTICE by State of Alaska Dept of Transportation & Public Facilities (Lynch, Sean) (Entered: 07/24/2026)

DECISION AND ORDER: Federal Defendants' Motion for Judicial Notice at Docket 32 is GRANTED. Plaintiffs' Motion for Summary Judgment at Docket 23 is GRANTED in part and DENIED in part. The State's Motion for Summary Judgment at Docket 29 is GRANTED in part and DENIED in part. IT IS ORDERED that the Secretary's Decision approving the Land Exchange between the Secretary and King Cove Corporation dated October 21, 2025 is VACATED. See Order for details. Signed by Judge Sharon L. Gleason on 8/17/2026.(ANM, COURT STAFF)

Judgment