Case: Center for Biological Diversity v. Burgum

1:25-cv-04285 | U.S. District Court for the District of District of Columbia

Filed Date: Dec. 10, 2025

Case Ongoing

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Case Summary

The Center for Biological Diversity brought this case to challenge the federal government's decision to place a portrait of President Trump on the Annual National Parks and Federal Recreational Lands Pass (Annual Pass) in violation of the Federal Lands Recreation Enhancement Act (FLREA). On December 10, 2025, the Center for Biological Diversity brought this suit in the U.S. District Court for the District of Columbia against the Secretaries of the Interior and Agriculture and their respective a…

On December 10, 2025, the Center for Biological Diversity brought this suit in the U.S. District Court for the District of Columbia against the Secretaries of the Interior and Agriculture and their respective agencies. Plaintiff alleged that the inclusion of President Trump's portrait on the Annual Pass violated FLREA and the Administrative Procedure Act (APA), which mandates that the Secretaries hold an annual photography contest to select the image on the Annual Pass. The statute further mandates that the winning picture be taken on public lands and be noncontroversial. Plaintiff sought declaratory relief, injunctive relief vacating Defendants' decision regarding the pass and enjoining Defendants from using any pass unlawfully depicting an image of President Trump, and attorneys' fees. The case was assigned to U.S. District Judge Carl J. Nichols.

On March 23, 2026, Defendants filed a motion to dismiss, arguing that Plaintiff did not have standing because it did not have an injury-in-fact. They claimed that Plaintiff had no legally protected interest in making sure the artwork on the Annual Pass was palatable to its members, and that its legal objection to Defendants' actions was exactly the type of generalized injury to the public interest that the Supreme Court has declared does not confer standing.

On April 24, 2026, Plaintiff filed an amended complaint detailing the harm suffered by its members. Two members of the plaintiff organization were allegedly dissuaded from purchasing the 2026 Annual Pass because of Defendants' unlawful use of Trump's image. The complaint asserted that visiting those parks without the Annual Pass would cost more than purchasing it, causing economic harm. Alternatively, they would have to reduce their national park travel, harming their recreational, cultural, and educational interests in visiting public recreational areas.

Three days later, on April 27, Plaintiff moved for summary judgment, arguing that it had associational standing because (1) its members had suffered harms and would have standing in their own right, (2) the members' interests were relevant to Plaintiff's mission to protect public lands, and (3) the relief requested did not require the members to participate in the lawsuit. Plaintiff also renewed its substantive argument that Defendants clearly violated FLREA by including the image of President Trump on the Annual Pass.

Defendants filed another motion to dismiss on May 22, 2026, arguing that any alleged injuries to Plaintiff's members from choosing not to buy the Annual Pass "would be self-inflicted and insufficient to confer standing." Briefing concluded on June 12, 2026.

This case is ongoing.

Summary Authors

Vedant Vamshidhar (7/23/2026)

Nick Martire (3/6/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72014447/parties/center-for-biological-diversity-v-burgum/

Judge(s)

Attorney for Plaintiff

Ditmars, Ivan (District of Columbia)

Greenwald, Amy Rae (District of Columbia)

Attorney for Defendant

Jr, Peter Martin (District of Columbia)

Najjar, Jennifer A. (District of Columbia)

Expert/Monitor/Master/Other

Eubanks, William Stewart (District of Columbia)

Judge(s)

Nichols, Carl John (District of Columbia)

Attorney for Plaintiff

Ditmars, Ivan (District of Columbia)

Greenwald, Amy Rae (District of Columbia)

Attorney for Defendant

Jr, Peter Martin (District of Columbia)

Najjar, Jennifer A. (District of Columbia)

Penalosa, Alexa V. (District of Columbia)

Other

Eubanks, William Stewart (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-04285	Complaint for Declaratory and Injunctive Relief	Dec. 10, 2025	Dec. 10, 2025 Complaint
15 1:25-cv-04285	First Amended Complaint for Declaratory and Injunctive Relief Center for Biological Diversity v. Burgum et al.	April 24, 2026	April 24, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72014447/center-for-biological-diversity-v-burgum/

Last updated July 23, 2026, 5:50 p.m.

ECF Number	Date	Description	Link
1	Dec. 10, 2025	COMPLAINT against All Defendants (No fee paid) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Attorney General, # 3 Summons Douglas Burgum, # 4 Summons Dept of Interior, # 5 Summons National Park Service, # 6 Summons Brooke Rollins, # 7 Summons US Attorney DC, # 8 Summons Dept of Agriculture)(rj) (Entered: 12/10/2025) 1 Civil Cover Sheet View on RECAP 2 Summons Attorney General View on RECAP 3 Summons Douglas Burgum View on PACER 4 Summons Dept of Interior View on PACER 5 Summons National Park Service View on PACER 6 Summons Brooke Rollins View on PACER 7 Summons US Attorney DC View on PACER 8 Summons Dept of Agriculture View on PACER	Clearinghouse
2	Dec. 10, 2025	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Atwood Greenwald, Amy) (Entered: 12/10/2025)	RECAP
3	Dec. 10, 2025	SUMMONS (7) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 12/10/2025)	RECAP
	Dec. 10, 2025	Payment of Fee - Complaint/Petition
	Dec. 10, 2025	Notice of Error- New Case
	Dec. 10, 2025	Case Assigned/Reassigned
	Dec. 10, 2025	NOTICE OF NEW CASE ERROR The following error(s) need correction: Civil Case filing fee not paid. Please remit payment using the event Payment of Fee-Complaint/Petition. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm)
	Dec. 10, 2025	Payment of Fee- Complaint/Petition
	Dec. 10, 2025	Payment for 1 Complaint,. ($405; Receipt number ADCDC-12125991). (Atwood Greenwald, Amy)
	Dec. 10, 2025	Case Assigned to Judge Carl J. Nichols. (zmtm)
4	Dec. 22, 2025	STANDING ORDER. Signed by Judge Carl J. Nichols on 12/22/2025. (lccjn2) (Entered: 12/22/2025)	RECAP
5	Dec. 23, 2025	NOTICE of Appearance by Peter Martin Torstensen, Jr on behalf of All Defendants (Torstensen, Peter) (Entered: 12/23/2025)	RECAP
6	Jan. 12, 2026	NOTICE of Appearance by Alexa V. Penalosa on behalf of All Defendants (Penalosa, Alexa) (Entered: 01/12/2026)	RECAP
7	Feb. 6, 2026	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by DOUGLAS J. BURGUM, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, BROOKE ROLLINS. (Attachments: # 1 Text of Proposed Order)(Penalosa, Alexa) (Entered: 02/06/2026) 1 Text of Proposed Order View on PACER	RECAP
	Feb. 12, 2026	MINUTE ORDER. Upon consideration of the 7 Unopposed Motion for Extension of Time, that Motion is GRANTED. It is ORDERED that the government shall respond to the 1 Complaint on or before March 16, 2026. So ORDERED by Judge Carl J. Nichols on 02/12/2026. (lccjn2)
	Feb. 12, 2026	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines
8	March 10, 2026	Unopposed MOTION for Extension of Time to File Answer by DOUGLAS J. BURGUM, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, BROOKE ROLLINS. (Attachments: # 1 Text of Proposed Order)(Penalosa, Alexa) (Entered: 03/10/2026)	RECAP
	March 12, 2026	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines
	March 12, 2026	MINUTE ORDER. Upon consideration of the 8 Unopposed Motion for Extension of Time, that Motion is GRANTED. It is ORDERED that the government shall respond to the 1 Complaint on or before March 23, 2026. So ORDERED by Judge Carl J. Nichols on 03/12/2026. (lccjn2)
9	March 23, 2026	MOTION to Dismiss by DOUGLAS J. BURGUM, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, BROOKE ROLLINS. (Attachments: # 1 Exhibit 2024 Share the Experience Photo Contest Rules, # 2 Text of Proposed Order)(Penalosa, Alexa) (Entered: 03/23/2026) 1 Exhibit 2024 Share the Experience Photo Contest Rules View on PACER 2 Text of Proposed Order View on PACER	RECAP
10	March 23, 2026	MOTION Relief from Local Rule 7(n)(1) re 9 MOTION to Dismiss by DOUGLAS J. BURGUM, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, BROOKE ROLLINS. (Attachments: # 1 Text of Proposed Order)(Penalosa, Alexa) (Entered: 03/23/2026) 1 Text of Proposed Order View on RECAP	RECAP
11	April 8, 2026	Unopposed MOTION for Extension of Time to Amend Complaint Under Fed. R. Civ. P. 15(a)(1)(B) by April 20, 2026 by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Atwood Greenwald, Amy) (Entered: 04/08/2026) 1 Text of Proposed Order View on PACER	RECAP
	April 9, 2026	MINUTE ORDER. Upon consideration of the 11 Unopposed Motion for Extension of Time, that Motion is GRANTED. It is ORDERED that Plaintiff shall file an amended complaint and motion for summary judgment on or before April 20, 2026. So ORDERED by Judge Carl J. Nichols on 04/09/2026. (lccjn2)
	April 9, 2026	Order on Motion for Extension of Time to AND Set/Reset Deadlines
12	April 15, 2026	Second MOTION for Extension of Time to File Amended Complaint and Motion for Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Atwood Greenwald, Amy) (Entered: 04/15/2026) 1 Text of Proposed Order View on PACER	RECAP
	April 17, 2026	MINUTE ORDER. Upon consideration of the 12 Motion for Extension of Time, that Motion is GRANTED. It is ORDERED that Plaintiff shall file an amended complaint and motion for summary judgment on or before April 24, 2026. So ORDERED by Judge Carl J. Nichols on 04/17/2026. (lccjn2)
	April 17, 2026	Order on Motion for Extension of Time to File AND Set/Reset Deadlines
13	April 22, 2026	MOTION for Briefing Schedule, MOTION to Stay by DOUGLAS J. BURGUM. (Attachments: # 1 Text of Proposed Order)(Penalosa, Alexa) (Entered: 04/22/2026) 1 Text of Proposed Order View on PACER	RECAP
14	April 23, 2026	NOTICE of Appearance by Jennifer A. Najjar on behalf of All Defendants (Najjar, Jennifer) (Entered: 04/23/2026)	RECAP
15	April 24, 2026	AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Red Line Comparison)(Atwood Greenwald, Amy) (Entered: 04/24/2026) 1 Red Line Comparison View on PACER	Clearinghouse
16	April 27, 2026	MOTION for Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration, # 5 Declaration, # 6 Declaration, # 7 Declaration, # 8 Declaration, # 9 Declaration, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit)(Atwood Greenwald, Amy) (Entered: 04/27/2026) 1 Statement of Facts View on PACER 2 Memorandum in Support View on RECAP 3 Text of Proposed Order View on PACER 4 Declaration View on PACER 5 Declaration View on PACER 6 Declaration View on PACER 7 Declaration View on PACER 8 Declaration View on PACER 9 Declaration View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER 12 Exhibit View on PACER 13 Exhibit View on PACER 14 Exhibit View on PACER 15 Exhibit View on PACER 16 Exhibit View on PACER 17 Exhibit View on PACER 18 Exhibit View on PACER 19 Exhibit View on PACER 20 Exhibit View on PACER 21 Exhibit View on PACER 22 Exhibit View on PACER 23 Exhibit View on PACER 24 Exhibit View on PACER 25 Exhibit View on PACER 26 Exhibit View on PACER 27 Exhibit View on PACER 28 Exhibit View on PACER 29 Exhibit View on PACER 30 Exhibit View on PACER 31 Exhibit View on PACER	RECAP
17	April 28, 2026	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment Out of Time, MOTION for Summary Judgment by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Atwood Greenwald, Amy) (Entered: 04/28/2026) 1 Declaration View on PACER 2 Text of Proposed Order View on PACER	RECAP
18	April 28, 2026	Memorandum in opposition to re 13 MOTION for Briefing Schedule MOTION to Stay filed by CENTER FOR BIOLOGICAL DIVERSITY. (Atwood Greenwald, Amy) (Entered: 04/28/2026)	RECAP
19	April 28, 2026	Counter MOTION for Briefing Schedule by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Atwood Greenwald, Amy) (Entered: 04/28/2026) 1 Text of Proposed Order View on PACER	RECAP
20	April 29, 2026	NOTICE of Appearance by William Stewart Eubanks, II on behalf of MEMBERS OF CONGRESS AS AMICI CURIAE (Eubanks, William) (Entered: 04/29/2026)	RECAP
21	April 29, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel J. Rohlf, Filing fee $ 100, receipt number ADCDC-12388379. Fee Status: Fee Paid. by MEMBERS OF CONGRESS AS AMICI CURIAE. (Attachments: # 1 Declaration PHV Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Eubanks, William) (Entered: 04/29/2026)	RECAP
22	April 29, 2026	MOTION for Leave to File Amicus Brief by MEMBERS OF CONGRESS AS AMICI CURIAE. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Eubanks, William) (Entered: 04/29/2026) 1 Proposed Amicus Brief View on RECAP 2 Text of Proposed Order View on PACER	RECAP
23	April 30, 2026	NOTICE of Appearance by Ivan Ditmars on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Ditmars, Ivan) (Entered: 04/30/2026)	RECAP
24	May 4, 2026	REPLY to opposition to motion re 13 Motion for Briefing Schedule, Motion to Stay, 19 Motion for Briefing Schedule filed by DOUGLAS J. BURGUM, DEPARTMENT OF AGRICULTURE, DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE, BROOKE ROLLINS. (Najjar, Jennifer) (Entered: 05/04/2026)	RECAP
25	May 5, 2026	ERRATA by CENTER FOR BIOLOGICAL DIVERSITY re 16 Motion for Summary Judgment,,. (Attachments: # 1 Declaration, # 2 Declaration)(Atwood Greenwald, Amy) (Entered: 05/05/2026) 1 Declaration View on PACER 2 Declaration View on PACER	RECAP
	May 6, 2026	Order on Motion for Leave to File Amicus Brief
	May 6, 2026	Order on Motion for Leave to Appear Pro Hac Vice
	May 6, 2026	Order on Motion for Extension of Time to
	May 6, 2026	Order on Motion for Briefing Schedule AND Order on Motion for Briefing Schedule AND Order on Motion to Stay AND Set/Reset Deadlines
	May 6, 2026	MINUTE ORDER. Upon consideration of the 17 Unopposed Motion to File Motion for Summary Judgment Out of Time, that Motion is GRANTED. It is hereby ORDERED that the 16 Motion for Summary Judgment shall be deemed timely filed. So ORDERED by Judge Carl J. Nichols on 05/06/2026. (lccjn2)
	May 6, 2026	MINUTE ORDER. The Court having considered the 21 Motion for Leave to Appear Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(c), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that the attorney referenced in the Motion is hereby ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. So ORDERED by Judge Carl J. Nichols on 05/06/2026. (lccjn2)
	May 6, 2026	MINUTE ORDER. Upon consideration of the 22 Motion for Leave to File Amicus Brief, that Motion is GRANTED. The Clerk of Court is DIRECTED to file the proposed amicus brief on the docket. So ORDERED by Judge Carl J. Nichols on 05/06/2026. (lccjn2)
	May 6, 2026	MINUTE ORDER. It is hereby ORDERED that the government's 13 Motion for Briefing Schedule is GRANTED and Plaintiff's 19 Counter-Motion for Briefing Schedule is DENIED. Because resolution of standing issues through a motion to dismiss may obviate the need to address merits issues, the interests of judicial economy favor a stay of the government's obligation to respond to the 16 Motion for Summary Judgment at this time. It is therefore ORDERED that the government shall file its motion to dismiss and produce the administrative record or move for relief therefrom on or before May 22, 2026; Plaintiff shall file a response on or before June 5, 2026; and the government shall file a reply on or before June 12, 2026. It is further ORDERED that the government's obligation to respond to the 16 Motion for Summary Judgment is STAYED pending a further Court order. So ORDERED by Judge Carl J. Nichols on 05/06/2026. (lccjn2)
26	May 7, 2026	Amicus Brief	RECAP
27	May 22, 2026	MOTION to Dismiss by DOUGLAS J. BURGUM. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Penalosa, Alexa) (Entered: 05/22/2026) 1 Memorandum in Support View on RECAP 2 Exhibit View on PACER 3 Text of Proposed Order View on PACER	RECAP
28	May 22, 2026	MOTION Motion for Relief from Local Rule 7(n)(1) re 27 MOTION to Dismiss by DOUGLAS J. BURGUM. (Attachments: # 1 Text of Proposed Order)(Penalosa, Alexa) (Entered: 05/22/2026) 1 Text of Proposed Order View on PACER	RECAP
29	June 5, 2026	Memorandum in opposition to re 27 MOTION to Dismiss filed by CENTER FOR BIOLOGICAL DIVERSITY. (mg) (Entered: 06/08/2026)	RECAP
30	June 12, 2026	REPLY to opposition to motion re 27 Motion to Dismiss filed by DOUGLAS J. BURGUM, DEPARTMENT OF AGRICULTURE, NATIONAL PARK SERVICE, BROOKE ROLLINS, U.S. DEPARTMENT OF THE INTERIOR. (Najjar, Jennifer) (Entered: 06/12/2026)	RECAP

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Miscellaneous

Key Dates

Filing Date: Dec. 10, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is the Center for Biological Diversity

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

National Park Service

U.S. Department of Agriculture

U.S. Department of the Interior

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Other Dockets:

District of District of Columbia 1:25-cv-04285

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

General/Misc.:

Government services

Recommended Citation

Case Summary of Center for Biological Diversity v. Burgum, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47491/ (last updated 3/6/2026).