Case: State of Oregon v. Noem

6:26-cv-00186 | U.S. District Court for the District of Oregon

Filed Date: Jan. 28, 2026

Case Ongoing

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Case Summary

This action arose from consolidated litigation challenging the federal government's effective closure of AIRFAC Newport in Newport, Oregon. (Case Nos. 6:25-cv-02165 and 6:25-cv-02172) on the Clearinghouse here. After the State of Oregon amended its complaint to add claims concerning a proposed immigration detention facility on the Oregon coast and the City of Newport filed a separate lawsuit, City of Newport v. Noem (Case No. 6:25-cv-02396), challenging the same project, District Judge Ann Loui…

On January 30, 2026, the State of Oregon filed this lawsuit against federal immigration officials in U.S. District Court for the District of Oregon. The state alleged that in 2025, defendants, including Secretary of Homeland Security Kristi Noem, the Department of Homeland Security, U.S. Immigration and Customs Enforcement (ICE), and ICE's acting director, began efforts to transform Newport Municipal Airport into an ICE detention facility capable of holding up to 200 noncitizens. After apparently abandoning those plans on December 4, 2025, defendants shifted their focus to other potential sites for a detention facility elsewhere on the Oregon Coast near Newport. Oregon claimed that defendants conducted these efforts without transparency or public process, ignoring information requests from local officials and Congress members, despite the area being environmentally sensitive with threatened and endangered species and tsunami risks. The state brought claims under the Administrative Procedure Act (APA), alleging violations of the Coastal Zone Management Act (CZMA) and National Environmental Policy Act (NEPA), and sought declarations that the defendants' actions were ultra vires, contrary to law, and arbitrary and capricious.

On February 19, 2026, the court granted an unopposed motion to consolidate this action with the City of Newport’s lawsuit, with this case as the lead case. On February 27, 2026, defendants moved to dismiss the complaint for lack of jurisdiction and failure to state a claim. On April 21, 2026, the court permitted Oregon Shores Conservation Coalition and Cascadia Wildlands, environmental advocacy organizations concerned about the potential environmental impacts of the proposed detention facility, to participate as plaintiff-intervenors. As of June 2026, defendants' motion to dismiss remains pending, and the court has not yet ruled on the merits of Oregon's claims.

This case is ongoing.

Summary Authors

Benjamin Glicksman (6/11/2026)

Claire Pollard (3/28/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72200938/parties/state-of-oregon-v-noem/

Judge(s)

Aiken, Ann L. (Oregon)

Attorney for Plaintiff

Darzen, Meriel L. (Oregon)

Englander, Nina R. (Oregon)

Attorney for Defendant

Duffy, Sean C. (Oregon)

Expert/Monitor/Master/Other

Anderson-Dana, Lydia (Oregon)

Judge(s)

Aiken, Ann L. (Oregon)

Attorney for Plaintiff

Darzen, Meriel L. (Oregon)

Englander, Nina R. (Oregon)

Howell, Coby Healy (Oregon)

Marshall, Brian Simmonds (Oregon)

Olson, Derek (Oregon)

Wriston, Eric McCord (Oregon)

Attorney for Defendant

Duffy, Sean C. (Oregon)

Luse, Susanne (Oregon)

Other

Anderson-Dana, Lydia (Oregon)

Jasper, Chloe (Oregon)

Johnson, Tiffany A. (Oregon)

Ketterling, Keith A. (Oregon)

Kinsman, Elizabeth (Oregon)

Shah, Anuj (Oregon)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2 6:26-cv-00186	Opinion & Order State of Oregon v. Noem et al.	Jan. 29, 2026	Jan. 29, 2026 Order/Opinion 2026 WL 243675
1 6:26-cv-00186	Conforming Complaint State of Oregon v. Noem et al.	Jan. 30, 2026	Jan. 30, 2026 Complaint
21 6:26-cv-00186	Opinion & Order State of Oregon v. Noem et al.	April 21, 2026	April 21, 2026 Order/Opinion 2026 WL 1078199

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72200938/state-of-oregon-v-noem/

Last updated Sept. 17, 2026, 3:28 a.m.

Docket for: State of Oregon v. Noem

ECF Number	Date	Description	Link
2	Jan. 29, 2026	OPINION AND ORDER. Answer is due by 2/13/2026. Signed on 1/29/2026 by Judge Ann L. Aiken. (ck) (Entered: 02/02/2026)	Clearinghouse
1	Jan. 30, 2026	Complaint. Conforming Complaint Filing fee in the amount of $405 collected. Agency Tracking ID: BORDC-10146954 Jury Trial Requested: No. Filed by State of Oregon against Todd M. Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement (Attachments: # 1 Attachment). (Marshall, Brian) (Entered: 01/30/2026) 1 Attachment View on PACER	Clearinghouse
3	Feb. 2, 2026	CASE MANAGEMENT ORDER. Signed on 2/2/2026 by Judge Ann L. Aiken. (ck) (Entered: 02/02/2026)	RECAP
4	Feb. 3, 2026	Motion to Intervene . Eric McCord Wriston,Eric McCord Wriston,Meriel L. Darzen for Oregon Shores Conservation Coalition,Eric McCord Wriston,Meriel L. Darzen for Cascadia Wildlands. Filed by Oregon Shores Conservation Coalition, Cascadia Wildlands. (Attachments: # 1 Exhibit) (Wriston, Eric) (Entered: 02/03/2026) 1 Exhibit View on PACER	RECAP
5	Feb. 3, 2026	Unopposed Motion to Consolidate . Elizabeth Kinsman,Keith A. Ketterling,Lydia Anderson-Dana,Elizabeth Kinsman,Anuj Shah,Chloe Jasper,Tiffany A. Johnson,Elizabeth Kinsman,Keith A. Ketterling,Lydia Anderson-Dana,Anuj Shah,Chloe Jasper,Tiffany A. Johnson for City of Newport. Filed by City of Newport. (Kinsman, Elizabeth) (Entered: 02/03/2026)	RECAP
6	Feb. 6, 2026	Motion for Extension of Time to Answer Complaint, 1 . Filed by United States Immigration and Customs Enforcement, Todd M. Lyons, United States Department of Homeland Security, Kristi Noem. (Luse, Susanne) (Entered: 02/06/2026)	RECAP
7	Feb. 6, 2026	Response to Motion for Extension of Time to Answer Complaint, 1 6 . Filed by State of Oregon. (Marshall, Brian) (Entered: 02/06/2026)	RECAP
8	Feb. 10, 2026	ORDER by Judge Ann L. Aiken GRANTING Motion for Extension of Time to Answer Complaint 6 . Answer is due by 2/27/2026. (bd) (Entered: 02/10/2026)	RECAP
	Feb. 10, 2026	Order on Motion for Extension of Time to Answer a Complaint/Petition
9	Feb. 17, 2026	Response in Opposition to Motion to Intervene 4 . Filed by Todd M. Lyons, Kristi Noem, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Duffy, Sean) (Entered: 02/17/2026)	RECAP
10	Feb. 19, 2026	ORDER: Granting Unopposed Motion to Consolidate 5 . Ordered by Judge Ann L. Aiken. (ck) (Entered: 02/19/2026)	RECAP
	Feb. 19, 2026	Order on Motion to Consolidate
11	Feb. 27, 2026	Motion to Dismiss for Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim . Filed by United States Immigration and Customs Enforcement, Todd M. Lyons, United States Department of Homeland Security, Kristi Noem, Todd Lyons, United States Immigration and Customs Enforcement, Kristi Noem, Kevin Lunday, United States Coast Guard. (Attachments: # 1 Exhibit)Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Duffy, Sean) (Entered: 02/27/2026) 1 Exhibit View on RECAP	RECAP
12	March 3, 2026	Reply to Motion to Intervene (4 in 6:26-cv-00186-AA), Motion to Intervene (8 in 6:25-cv-02396-AA). Filed by Cascadia Wildlands, Oregon Shores Conservation Coalition.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Wriston, Eric) (Entered: 03/03/2026)	RECAP
13	March 5, 2026	SCHEDULING ORDER: Status Conference is set for 3/26/2026 at 10:30AM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 03/05/2026)	RECAP
14	March 5, 2026	Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA, 11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA). Filed by State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Marshall, Brian) (Entered: 03/05/2026)	RECAP
	March 5, 2026	1 - Scheduling
15	March 6, 2026	ORDER: Granting 14 Motion for Extension of Time to File Response/Reply to 11 . Response is due by 4/2/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/06/2026)	RECAP
16	March 6, 2026	Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA, 11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA). Filed by City of Newport.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Anderson-Dana, Lydia) (Entered: 03/06/2026)	RECAP
17	March 6, 2026	ORDER: Granting 16 Motion for Extension of Time to File Response/Reply to 11 . Response is due by 4/2/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/06/2026)	RECAP
	March 6, 2026	Order on Motion for Extension of Time to File Response/Reply to Motion
18	March 11, 2026	SCHEDULING ORDER: Status Conference is reset from 3/26/2026 to 4/21/2026 at 10:00AM in Eugene by telephone before Judge Ann L. Aiken. Response to Motion to Dismiss 11 is reset from 4/2/2026 to 4/28/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 03/11/2026)	RECAP
	March 11, 2026	1 - Scheduling
19	March 25, 2026	Notice of Appearance of Coby Healy Howell appearing on behalf of State of Oregon. Filed by on behalf of State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Howell, Coby) (Entered: 03/25/2026)	RECAP
20	April 21, 2026	SCHEDULING ORDER: The Court is in receipt of the parties' e-mailed joint letter. The Status Conference set for 4/21/2026 at 10:00AM is VACATED. A Joint Status Report is due by 4/28/2026. Ordered by Judge Ann L. Aiken. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 04/21/2026)	RECAP
21	April 21, 2026	OPINION AND ORDER: Plaintiff-Intervenors Motion to Intervene is GRANTED. Signed on 4/21/2026 by Judge Ann L. Aiken. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 04/21/2026)	Clearinghouse
	April 21, 2026	1 - Scheduling
22	April 28, 2026	Second Motion for Extension of Time . Filed by State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Howell, Coby) (Entered: 04/28/2026)	RECAP
23	April 28, 2026	Joint Status Report . Filed by City of Newport. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Ketterling, Keith) (Entered: 04/28/2026)	RECAP
24	April 29, 2026	ORDER: Granting in Part Motion for Extension of Time (22) in case 6:26-cv-00186-AA (26) in case 6:25-cv-02396-AA. Response is due by 5/12/2026. The Court will consider any requests for further extensions or new requests for a status conference to discuss jurisdictional discovery as needed. Ordered by Judge Ann L. Aiken. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 04/29/2026)	RECAP
	April 29, 2026	Order on Motion for Extension of Time
25	May 11, 2026	Third Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA, 11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA). Filed by City of Newport, State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Anderson-Dana, Lydia) (Entered: 05/11/2026)	RECAP
26	May 11, 2026	ORDER: Granting 25 Motion for Extension of Time to File Response/Reply to 11 . Response is due by 6/2/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 05/11/2026)	RECAP
	May 11, 2026	Order on Motion for Extension of Time to File Response/Reply to Motion
27	May 29, 2026	Fourth Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA, 15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA). Filed by City of Newport, State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Anderson-Dana, Lydia) (Entered: 05/29/2026)	RECAP
28	June 1, 2026	ORDER: Granting 27 Motion for Extension of Time to File Response/Reply to 11 . Response is due by 6/30/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/01/2026)	RECAP
	June 1, 2026	Order on Motion for Extension of Time to File Response/Reply to Motion
29	June 26, 2026	Fifth Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA, 11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA). Filed by City of Newport, State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Jasper, Chloe) (Entered: 06/26/2026)	RECAP
30	June 26, 2026	ORDER: Granting 29 Fifth Motion for Extension of Time to File Response/Reply to 11 . Response is due by 7/15/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 06/26/2026)	RECAP
	June 26, 2026	Order on Motion for Extension of Time to File Response/Reply to Motion
31	July 14, 2026	Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA, 11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA). Filed by City of Newport, State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Jasper, Chloe) (Entered: 07/14/2026)	RECAP
32	July 14, 2026	ORDER: Granting 31 Sixth Motion for Extension of Time to File Response/Reply to 11 . Response is due by 7/30/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/14/2026)	RECAP
	July 14, 2026	Order on Motion for Extension of Time to File Response/Reply to Motion
33	July 24, 2026	SCHEDULING ORDER: Status Conference is set for 8/13/2026 at 11:30AM in Eugene by telephone before Judge Ann L. Aiken. Ordered by Judge Ann L. Aiken. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 07/24/2026)	RECAP
	July 24, 2026	1 - Scheduling
34	July 28, 2026	Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Lack of Jurisdiction Motion to Dismiss for Failure to State a Claim (15 in 6:25-cv-02396-AA, 15 in 6:25-cv-02396-AA, 11 in 6:26-cv-00186-AA, 11 in 6:26-cv-00186-AA). Filed by City of Newport, State of Oregon.Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (Shah, Anuj) (Entered: 07/28/2026)	RECAP
35	July 29, 2026	ORDER: Granting 34 Seventh Motion for Extension of Time to File Response/Reply to 11 . Response is due by 8/14/2026. Ordered by Judge Ann L. Aiken. (ck) (Entered: 07/29/2026)	RECAP
	July 29, 2026	Order on Motion for Extension of Time to File Response/Reply to Motion
36	Aug. 13, 2026	MINUTES of Proceedings: Telephonic Status Conference held before Judge Ann L. Aiken. Defendants shall pursue approval for the settlement in principle on or before 9/9/2026. A further Status Conference is set for 9/11/2026 at 10:30AM in Eugene by telephone before Judge Ann L. Aiken. The Court withdraws with leave to refile Motion to Dismiss (11) in case 6:26-cv-00186-AA and (15) in case 6:25-cv-02396-AA with no objection from the parties. Brian Marshall present as counsel for State of Oregon. Keith Ketterling, Lydia Anderson-Dana, Tiffany Johnson present as counsel for City of Newport. Meriel Darzen, Eric Wriston present as counsel for intervenor plaintiffs. Sean Duffy present as counsel for defendants. FTR: Courtroom 4. Associated Cases: 6:26-cv-00186-AA, 6:25-cv-02396-AA (ck) (Entered: 08/13/2026)	RECAP
	Aug. 13, 2026	Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss/Lack of Jurisdiction AND Status Conference
	Sept. 11, 2026	Status Conference

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Case Details

State / Territory:

Oregon

Case Type(s):

Immigration and/or the Border

Environmental Justice

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 28, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Oregon, with Oregon Shores Conservation Coalition and Cascadia Wildlands as Plaintiff-Intervenors. This is also consolidated with a case filed by the City of Newport.

Plaintiff Type(s):

Non-profit NON-religious organization

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United State Immigration and Customs Enforcement

United States Department of Homeland Security

Defendant Type(s):