Case: Center For Biological Diversity v. Burgum

1:26-cv-00940 | U.S. District Court for the District of District of Columbia

Filed Date: March 18, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the planned convening of the Endangered Species Act’s (ESA) Extinction Committee, or “God Squad,” to allow an exemption for American oil and gas activities in the Gulf of Mexico that would put endangered species in the region at further risk. The God Squad’s job is to weigh economic, national security, and energy priorities against wildlife conservation. The Committee holds the legal power to exempt federal projects from ESA protections even if it will jeopardize the …

On March 18, 2026, the Center for Biological Diversity, a nonprofit that works to protect endangered species and wild habitats, filed this suit in the U.S. District Court for the District of Columbia. The Center sued the United States Department of the Interior under the Administrative Procedure Act for violation of the statutory requirements of the ESA after the Department issued a notice of its intent to convene a meeting for an exemption for Gulf of America Oil and Gas Activities, including exploration, development, and production activities. Plaintiffs alleged that this violated ESA requirements that the Committee be convened only after involvement from expert agencies and if no reasonable and prudent alternative exists. They sought declaratory and injunctive relief, a writ of mandamus compelling the Secretary of the Interior to comply with the ESA, fees, and costs. The case was assigned to District Judge Rudolph Contrera.

The plaintiffs filed a motion for a temporary restraining order on March 19, 2026, seeking to prevent the planned convening. Judge Contrera denied the motion after a hearing on March 27, 2026, reasoning that the plaintiffs could not establish they were likely to succeed on the merits because the Court likely lacks subject matter jurisdiction and the action challenged was not a final agency action as required to bring suit under the Administrative Procedure Act.

The Center filed an amended complaint on March 31, 2026. The amended complaint noted that the Committee meeting took place as scheduled on March 31, 2026, and the members voted to ratify the exemption. Plaintiffs asserted that the Committee’s actions in approving the exemption also violated the ESA and noted, among other allegations, that the Committee did not make documents available to the public and started the public stream a half an hour past the commencement of the meeting, in violation the ESA’s mandate that all Committee meetings be “open.” In the amended complaint, plaintiffs sought declaratory relief, injunctive relief vacating the exemption and enjoining the Committee from issuing further exemptions or holding future meetings until the legal requirements under the ESA were satisfied, a writ of mandamus, costs, and fees.

On May 18, 2026, the government filed a motion to dismiss for lack of jurisdiction. A motion made by the American Petroleum Institute to intervene as a co-defendant went unopposed, and made them an additional party to this case.

Summary Authors

Madeline Dollard (6/15/2026)

Jinan Abufarha (3/22/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72507464/parties/center-for-biological-diversity-v-burgum/

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Glitzenstein, Eric Robert (District of Columbia)

Monsell, Kristen (District of Columbia)

Attorney for Defendant

Backer, Davis Aaron (District of Columbia)

Craigmyle, Bradley Thomas (District of Columbia)

Expert/Monitor/Master/Other

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Glitzenstein, Eric Robert (District of Columbia)

Monsell, Kristen (District of Columbia)

Reeves, Lindsay (District of Columbia)

Segee, Brian Paul (District of Columbia)

Attorney for Defendant

Backer, Davis Aaron (District of Columbia)

Craigmyle, Bradley Thomas (District of Columbia)

Stander, Robert Nolan (District of Columbia)

Warren, Sara (District of Columbia)

Other

Morgan, Jason T. (District of Columbia)

Steen, Ryan P. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-00940	Complaint for Declaratory and Injunctive Relief Center For Biological Diversity V. Burgum	March 18, 2026	March 18, 2026 Complaint
13 1:26-cv-00940	Memorandum Of Points And Authorities In Opposition To Plaintiff’s Motion For Temporary Restraining Order Center For Biological Diversity V. Burgum	March 25, 2026	March 25, 2026 Pleading / Motion / Brief
17 1:26-cv-00940	Denying Plaintiff’s Motion For Temporary Restraining Order Center For Biological Diversity V. Burgum	March 27, 2026	March 27, 2026 Order/Opinion
18 1:26-cv-00940	First Amended Complaint for Declaratory and Injunctive Relief Introduction	March 31, 2026	March 31, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72507464/center-for-biological-diversity-v-burgum/

Last updated Oct. 24, 2026, 3:45 a.m.

Docket for: CENTER FOR BIOLOGICAL DIVERSITY v. BURGUM

ECF Number	Date	Description	Link
1	March 18, 2026	COMPLAINT for Declaratory and Injunctive Relief against All Defendants Douglas Burgum, in his official capacity as Secretary of the Interior ( Filing fee $ 405 receipt number ADCDC-12305355) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Burgum, # 3 Summons USAG, # 4 Summons USAO)(Monsell, Kristen) (Entered: 03/18/2026) 1 Civil Cover Sheet View on PACER 2 Summons Burgum View on PACER 3 Summons USAG View on PACER 4 Summons USAO View on PACER	Clearinghouse
2	March 18, 2026	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests (None) by CENTER FOR BIOLOGICAL DIVERSITY (Monsell, Kristen) (Entered: 03/18/2026)	RECAP
3	March 18, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian Segee, Filing fee $ 100, receipt number ADCDC-12305801. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaration of Brian Segee, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Monsell, Kristen) (Entered: 03/18/2026)	RECAP
4	March 18, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lindsay Reeves, Filing fee $ 100, receipt number ADCDC-12305818. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Declaration of Lindsay Reeves, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Monsell, Kristen) (Entered: 03/18/2026) 1 Declaration of Lindsay Reeves View on PACER 2 Exhibit Certificate of Good Standing View on PACER 3 Text of Proposed Order View on PACER	RECAP
5	March 18, 2026	NOTICE of Appearance by Eric Robert Glitzenstein on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Glitzenstein, Eric) (Entered: 03/18/2026)	RECAP
6	March 18, 2026	SUMMONS (3) Issued Electronically as to DOUGLAS BURGUM, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zjm) (Entered: 03/18/2026)	RECAP
7	March 18, 2026	NOTICE of Appearance by Sara Warren on behalf of DOUGLAS BURGUM (Warren, Sara) (Entered: 03/18/2026)	RECAP
	March 18, 2026	Case Assigned/Reassigned
	March 18, 2026	Case Assigned to Judge Rudolph Contreras. (zjm)
8	March 19, 2026	NOTICE of Appearance by Brian Paul Segee on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Segee, Brian) (Main Document 8 replaced on 3/19/2026) (znmw). (Entered: 03/19/2026)	RECAP
9	March 19, 2026	MOTION for Temporary Restraining Order by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Kristen Monsell in Support, # 3 Exhibit 1 to Monsell Decl., # 4 Exhibit 2 to Monsell Decl., # 5 Exhibit 3 to Monsell Decl., # 6 Exhibit 4 to Monsell Decl., # 7 Declaration of Brett Hartl in Support, # 8 Exhibit A to Hartl Decl., # 9 Exhibit B to Hartl Decl., # 10 Exhibit C to Hartl Decl., # 11 Text of Proposed Order)(Segee, Brian) (Entered: 03/19/2026) 1 Memorandum in Support View on RECAP 2 Declaration of Kristen Monsell in Support View on RECAP 3 Exhibit 1 to Monsell Decl. View on RECAP 4 Exhibit 2 to Monsell Decl. View on RECAP 5 Exhibit 3 to Monsell Decl. View on RECAP 6 Exhibit 4 to Monsell Decl. View on RECAP 7 Declaration of Brett Hartl in Support View on RECAP 8 Exhibit A to Hartl Decl. View on RECAP 9 Exhibit B to Hartl Decl. View on RECAP 10 Exhibit C to Hartl Decl. View on RECAP 11 Text of Proposed Order View on RECAP	RECAP
	March 19, 2026	MINUTE ORDER granting 3 4 Motions for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Brian Segee and Lindsay E. Reeves are admitted to represent Plaintiff pro hac vice in this case. 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. Signed by Judge Rudolph Contreras on 03/19/2026. (lcrc3)
	March 19, 2026	Order on Motion for Leave to Appear Pro Hac Vice
10	March 20, 2026	NOTICE of Errata by CENTER FOR BIOLOGICAL DIVERSITY re 9 Motion for TRO,, (Attachments: # 1 Declaration of James Reeves in support of Motion for Temporary Restraining Order)(Segee, Brian) (Entered: 03/20/2026) 1 Declaration of James Reeves in support of Motion for Temporary Restraining Order View on PACER	RECAP
	March 20, 2026	Order
	March 20, 2026	MINUTE ORDER: It is hereby ORDERED that the following schedule shall govern further proceedings. The Government shall file their opposition to 9 Plaintiff's Motion for Temporary Restraining Order on or before March 25, 2026.The parties shall appear before the Court for a hearing on the motion on March 27, 2026 at 10:00 AM via videoconference. Parties appearing in this matter will receive Zoom information prior to the scheduled hearing. SO ORDERED. Signed by Judge Rudolph Contreras on 03/20/2026. (lcrc1)
	March 20, 2026	Set/Reset Deadlines
	March 20, 2026	Set/Reset Deadlines: Responses due by 3/25/2026. Set/Reset Hearings: Motion Hearing set for 3/27/2026 at 10:00 AM in Courtroom 23A- In Person before Judge Rudolph Contreras. (tj)
	March 20, 2026	Set/Reset Deadlines: Responses due by 3/25/2026. Set/Reset Hearings: Motion Hearing set for 3/27/2026 at 10:00 AM before Judge Rudolph Contreras via zoom video as per the court's order issued on 3/20/26 (tj)
11	March 23, 2026	NOTICE of Appearance by Lindsay Reeves on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Reeves, Lindsay) (Entered: 03/23/2026)	RECAP
12	March 25, 2026	NOTICE of Appearance by Bradley Thomas Craigmyle on behalf of All Defendants (Craigmyle, Bradley) (Entered: 03/25/2026)	RECAP
13	March 25, 2026	Memorandum in opposition to re 9 MOTION for Temporary Restraining Order filed by DOUGLAS BURGUM. (Attachments: # 1 Declaration of Christopher Danley, # 2 Text of Proposed Order)(Warren, Sara) (Entered: 03/25/2026) 1 Declaration of Christopher Danley View on RECAP 2 Text of Proposed Order View on PACER	Clearinghouse
14	March 26, 2026	NOTICE of Appearance by Robert Nolan Stander on behalf of All Defendants (Stander, Robert) (Entered: 03/26/2026)	RECAP
15	March 26, 2026	NOTICE of Appearance by Davis Aaron Backer on behalf of DOUGLAS BURGUM (Backer, Davis) (Entered: 03/26/2026)	RECAP
16	March 26, 2026	REPLY to opposition to motion re 9 Motion for TRO,, filed by CENTER FOR BIOLOGICAL DIVERSITY. (Segee, Brian) (Entered: 03/26/2026)	RECAP
	March 26, 2026	.Order
	March 26, 2026	Order
	March 26, 2026	MINUTE ORDER: The Court will connect the public-access telephone line for a hearing before this court now scheduled for March 27, 2026 at 10:00 a.m. Any member of the public or media may access the public-access line by dialing (833) 990-9400 and using meeting ID 698780857. As a reminder, any use of the public-access telephone line requires adherence to the general prohibition against recording, livestreaming, and rebroadcasting of court proceedings (including those held by videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. (So Ordered Judge Rudolph Contreras on March 26, 2026) (tj)
17	March 27, 2026	ORDER denying 9 Plaintiff's Motion for Temporary Restraining Order. See document for details. Signed by Judge Rudolph Contreras on 03/27/2026. (lcrc1) (Entered: 03/27/2026)	Clearinghouse
	March 27, 2026	Motion Hearing
	March 27, 2026	Minute Entry for proceedings held before Judge Rudolph Contreras: Motion Hearing held on 3/27/2026 re 9 MOTION for Temporary Restraining Order filed by CENTER FOR BIOLOGICAL DIVERSITY. Oral argument heard, and the motion is DENIED for reasons stated on the record. Order to be issued by the court. (Court Reporter: Tim Miller.) (tj)
18	March 31, 2026	AMENDED COMPLAINT against All Defendants filed by CENTER FOR BIOLOGICAL DIVERSITY.(Segee, Brian) (Entered: 03/31/2026)	Clearinghouse
19	March 31, 2026	REQUEST FOR SUMMONS TO ISSUE filed by CENTER FOR BIOLOGICAL DIVERSITY. Related document: 18 Amended Complaint filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Segee, Brian) (Entered: 03/31/2026) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER	RECAP
20	April 1, 2026	SUMMONS (6) Issued Electronically as to DANIEL P. DRISCOLL, PETE HEGSETH, NEIL JACOBS, BROOKE ROLLINS, PIERRE YARED, LEE ZELDIN, U.S. Attorney and U.S. Attorney General (znmw) (Entered: 04/01/2026)	RECAP
21	April 29, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/19/2026. ( Answer due for ALL FEDERAL DEFENDANTS by 5/18/2026.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/30/2026., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOUGLAS BURGUM served on 3/30/2026; DANIEL P. DRISCOLL served on 4/7/2026; PETE HEGSETH served on 4/7/2026; NEIL JACOBS served on 4/7/2026; BROOKE ROLLINS served on 4/7/2026; PIERRE YARED served on 4/28/2026; LEE ZELDIN served on 4/7/2026 (Attachments: # 1 Proof of service)(Segee, Brian) (Entered: 04/29/2026)	RECAP
22	May 18, 2026	NOTICE of Appearance by Davis Aaron Backer on behalf of All Defendants (Backer, Davis) (Entered: 05/18/2026)	RECAP
23	May 18, 2026	NOTICE of Appearance by Sara Warren on behalf of DOUGLAS BURGUM, DANIEL P. DRISCOLL, PETE HEGSETH, NEIL JACOBS, BROOKE ROLLINS, PIERRE YARED, LEE ZELDIN (Warren, Sara) (Entered: 05/18/2026)	RECAP
24	May 18, 2026	MOTION to Dismiss for Lack of Jurisdiction by DOUGLAS BURGUM, DANIEL P. DRISCOLL, PETE HEGSETH, NEIL JACOBS, BROOKE ROLLINS, PIERRE YARED, LEE ZELDIN. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Megan Rybacki, # 3 Text of Proposed Order)(Warren, Sara) (Entered: 05/18/2026) 1 Memorandum in Support View on RECAP 2 Declaration of Megan Rybacki View on PACER 3 Text of Proposed Order View on PACER	RECAP
25	May 18, 2026	Unopposed MOTION to Intervene by AMERICAN PETROLEUM INSTITUTE. (Attachments: # 1 Declaration Holly Hopkins, # 2 Proposed Answer, # 3 Text of Proposed Order)(Morgan, Jason) (Entered: 05/18/2026)	RECAP
26	May 18, 2026	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN PETROLEUM INSTITUTE (Morgan, Jason) (Entered: 05/18/2026)	RECAP
27	May 18, 2026	NOTICE of Appearance by Ryan P. Steen on behalf of AMERICAN PETROLEUM INSTITUTE (Steen, Ryan) (Entered: 05/18/2026)	RECAP
28	May 22, 2026	Joint MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Dismiss for Lack of Jurisdiction by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Segee, Brian) (Entered: 05/22/2026)	RECAP
	May 23, 2026	MINUTE ORDER granting 28 the parties' Joint Motion for Extension of Briefing Schedule: It is hereby ORDERED that Plaintiff's response to 24 Defendants' motion to dismiss shall be due on or before June 15, 2026, and Defendants' reply shall be due on or before June 29, 2026. SO ORDERED. Signed by Judge Rudolph Contreras on 05/23/2026. (lcrc3)
	May 23, 2026	Order on Motion for Extension of Time to File Response/Reply
	May 26, 2026	Set/Reset Deadlines: Responses due by 6/15/2026; Replies due by 6/29/2026. (tj)
	May 26, 2026	Set/Reset Deadlines
29	June 15, 2026	Memorandum in opposition to re 24 MOTION to Dismiss for Lack of Jurisdiction filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Text of Proposed Order)(Segee, Brian) (Entered: 06/15/2026) 1 Text of Proposed Order View on PACER	RECAP
30	June 29, 2026	REPLY to opposition to motion re 24 Motion to Dismiss/Lack of Jurisdiction, filed by DOUGLAS BURGUM, DANIEL P. DRISCOLL, PETE HEGSETH, NEIL JACOBS, BROOKE ROLLINS, PIERRE YARED, LEE M. ZELDIN. (Warren, Sara) (Entered: 06/29/2026)	RECAP
31	Oct. 5, 2026	Order on Motion to Intervene	RECAP
32	Oct. 8, 2026	Notice (Other)	RECAP
33	Oct. 8, 2026	Answer to Amended Complaint	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

Key Dates

Filing Date: March 18, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Center for Biological Diversity, a nonprofit that works to protect endangered species and wild habitats

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

United States Department of the Interior

Private Entity/Person

American Petroleum Institute

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Endangered Species Act, 16 U.S.C. § 1531 et seq.

Other Dockets:

District of District of Columbia 1:26-cv-00940

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Threatened/endangered fauna

Recommended Citation

Case Summary of Center For Biological Diversity v. Burgum, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47950/ (last updated 3/22/2026).