Case: State of New York v. United States Department Of Energy

6:25-cv-01458 | U.S. District Court for the District of Oregon

Filed Date: Aug. 15, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 15, 2025, twenty state governments filed this lawsuit in the U.S. District Court for the District of Oregon against the U.S. Department of Energy (DOE) and Secretary Chris Wright. The plaintiffs challenged DOE's "Policy Flash 2025-25," issued on May 8, 2025, which imposed a 10% cap on the sum of indirect costs and fringe benefits costs included in awards to state and local governments. The states alleged this policy violated established regulatory schemes that allocate indirect costs …

On August 15, 2025, twenty state governments filed this lawsuit in the U.S. District Court for the District of Oregon against the U.S. Department of Energy (DOE) and Secretary Chris Wright. The plaintiffs challenged DOE's "Policy Flash 2025-25," issued on May 8, 2025, which imposed a 10% cap on the sum of indirect costs and fringe benefits costs included in awards to state and local governments. The states alleged this policy violated established regulatory schemes that allocate indirect costs based on negotiated rates between state agencies and federal agencies. They claimed the policy was arbitrary and capricious, providing only conclusory reasoning without explaining why the 10% cap was chosen or considering real-world consequences and states' reliance interests. The lawsuit sought to vacate the Policy Flash under the Administrative Procedure Act, requesting declaratory and injunctive relief to prevent its implementation.

This case was assigned to Judge Mustafa T. Kasubhai. On August 27, Plaintiffs filed a motion for partial summary judgment on Count I of their complaint, along with several supporting declarations. The following month, on September 15, Defendants countered with a motion to dismiss for lack of jurisdiction. Defendants specifically argued that the court lacked subject matter jurisdiction.

Plaintiffs filed an amended complaint on September 23, 2025. The later version added the Commonwealth of Massachusetts as a new plaintiff. The amendment resulted in corresponding paragraph renumbering throughout the document but left all substantive factual allegations, causes of action, and requested relief unchanged. The signature page was reorganized to accommodate Massachusetts Attorney General Andrea Joy Campbell, with New York Attorney General Letitia James moved to the lead position among the signatories.

On October 8, 2025, Defendants filed a motion to stay due to the lapse in appropriations caused by the 2025 government shutdown. The following day, Judge Kasubhai denied Defendants' motion; the court had already held oral argument and ruled from the bench on the merits of the case. A formal opinion was released on November 10, denying Defendants' motion to dismiss and granting Plaintiffs' motion for partial summary judgment. In his opinion, Judge Kasubhai rejected Defendants' argument that the "Policy Flash" did not constitute final agency action and/or was not subject to the “committed to agency discretion” exception. Further, the court found that the Policy Flash was contrary to numerous applicable regulations (and the regulatory scheme as a whole) and thus was in violation of the APA. The court entered judgment for Plaintiffs, including a vacatur and an injunction.

On January 9, 2026, Defendants filed a notice of appeal to the Ninth Circuit. This case is ongoing.

Summary Authors

Ben Hefter (4/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71122126/parties/state-of-new-york-v-united-states-department-of-energy/


Judge(s)
Attorney for Plaintiff

ASATG, Lauryn K.

Attorney, Ms. Sarah

Bibb, Aaron (Oregon)

Bies, Katherine (Oregon)

Attorney for Defendant

Attorney, Jennifer Utrecht,

Documents in the Clearinghouse

Documents in this case
1

6:25-cv-01458

Complaint for Declaratory and Injunctive Relief

State of New York v. United States Department of Energy

Aug. 15, 2025

Aug. 15, 2025

Complaint
28

6:25-cv-01458

Plaintiff States' Motion for Partial Summary Judgment

State of New York et al. v. United States Department Of Energy et al.

Aug. 27, 2025

Aug. 27, 2025

Pleading / Motion / Brief
59

6:25-cv-01458

Defendants' Motion to Dismiss

State of New York et al. v. United States Department Of Energy et al.

Sept. 15, 2025

Sept. 15, 2025

Pleading / Motion / Brief
61

6:25-cv-01458

First Amended Complaint for Declaratory and Injunctive Relief

State of New York et al. v. United States Department Of Energy et al.

Sept. 23, 2025

Sept. 23, 2025

Complaint
75

6:25-cv-01458

Defendants' Motion for a Stay of Case in Light of Lapse of Appropriations

State of New York et al. v. United States Department Of Energy et al.

Oct. 8, 2025

Oct. 8, 2025

Pleading / Motion / Brief
83

6:25-cv-01458

Opinion and Order

State of New York v. United States Department of Energy

Nov. 10, 2025

Nov. 10, 2025

Order/Opinion

2025 WL 3140578

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71122126/state-of-new-york-v-united-states-department-of-energy/

Last updated Aug. 21, 2026, 3:20 a.m.

Docket for: State of New York v. United States Department Of Energy
ECF Number Date Description Link
1 Aug. 15, 2025

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9952850 Jury Trial Requested: No. Filed by State of Maryland, District of Columbia, State of Colorado, State of Washington, State of Oregon, State of New York, State of Wisconsin, Josh Shapiro, State of Nevada, State of Delaware, State of Minnesota, State of Illinois, State of Michigan, State of North Carolina, State of New Mexico, State of Hawaii, State of California, State of Maine, Office of the Governor, ex rel. Andy Beshear, State of Connecticut against All Defendants (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Proposed Summons). (Marshall, Brian) (Entered: 08/15/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Civil Cover Sheet

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7 Proposed Summons

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Clearinghouse
2 Aug. 18, 2025

Notice of Case Assignment to Judge Mustafa T. Kasubhai and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 12/16/2025. Joint Alternate Dispute Resolution Report is due by 1/15/2026. Pretrial Order is due by 1/15/2026. Ordered by Judge Mustafa T. Kasubhai. (sss) (Entered: 08/18/2025)

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3 Aug. 18, 2025

Summons Issued Electronically as to United States Department Of Energy, Chris Wright. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sss) (Entered: 08/18/2025)

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4 Aug. 18, 2025

Case Management Order signed on 8/18/2025 by Judge Mustafa T. Kasubhai. (bd) (Entered: 08/18/2025)

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5 Aug. 18, 2025

NOTICE TO NON-ADMITTED COUNSEL: Our records indicate that you are not admitted to practice in the District of Oregon. Admissions information is governed by LR 83, and information about the admissions process is available on the admissions page of the Court website. (sss) (Entered: 08/18/2025)

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6 Aug. 18, 2025

Notice of Appearance of Rabia Muqaddam appearing on behalf of State of New York. Filed by on behalf of State of New York. (Muqaddam, Rabia) (Entered: 08/18/2025)

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7 Aug. 18, 2025

Notice of Appearance of Daniel Paul Mosteller appearing on behalf of State of North Carolina. Filed by on behalf of State of North Carolina. (Mosteller, Daniel) (Entered: 08/18/2025)

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8 Aug. 18, 2025

Notice of Appearance of Jessica Ranucci appearing on behalf of State of New York. Filed by on behalf of State of New York. (Ranucci, Jessica) (Entered: 08/18/2025)

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Aug. 18, 2025

Notice to Non-Admitted Counsel

9 Aug. 19, 2025

Notice of Appearance of Elena S. Meth appearing on behalf of State of Illinois. Filed by on behalf of State of Illinois. (Meth, Elena) (Entered: 08/19/2025)

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10 Aug. 19, 2025

Notice of Appearance of Carrie Noteboom, Phalen Kohlruss-Reuman, Jessica Lowrey appearing on behalf of State of Colorado. Filed by on behalf of State of Colorado. (Noteboom, Carrie) (Entered: 08/19/2025)

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11 Aug. 19, 2025

Notice of Appearance of Jill Lacedonia appearing on behalf of State of Connecticut. Filed by on behalf of State of Connecticut. (Lacedonia, Jill) (Entered: 08/19/2025)

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12 Aug. 19, 2025

Notice of Appearance of Robert Newman Brewer appearing on behalf of State of Maryland. Filed by on behalf of State of Maryland. (Brewer, Robert) (Entered: 08/19/2025)

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13 Aug. 19, 2025

Notice of Appearance of Cara A. Hendrickson appearing on behalf of State of Illinois. Filed by on behalf of State of Illinois. (Hendrickson, Cara) (Entered: 08/19/2025)

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14 Aug. 19, 2025

Notice of Appearance of Katherine Bies appearing on behalf of State of Minnesota. Filed by on behalf of State of Minnesota. (Bies, Katherine) (Entered: 08/19/2025)

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15 Aug. 19, 2025

Return of Service Executed as to All Defendants. Service specifically made upon Local U.S. Attorney. (Muqaddam, Rabia) (Entered: 08/19/2025)

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16 Aug. 19, 2025

Notice of Association of Attorney of Marie Elizabeth Logan appearing on behalf of State of California Appearance of Counsel. Filed by on behalf of State of California. (Logan, Marie) (Entered: 08/19/2025)

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17 Aug. 20, 2025

Notice of Appearance of Ian Liston, Rosanna E. Gibson, Vanessa L. Kassab appearing on behalf of State of Delaware. Filed by on behalf of State of Delaware. (Liston, Ian) (Entered: 08/20/2025)

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18 Aug. 20, 2025

Notice of Appearance of Lauren Miller Marks appearing on behalf of District of Columbia. Filed by on behalf of District of Columbia. (Marks, Lauren) (Entered: 08/20/2025)

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19 Aug. 20, 2025

Notice of Appearance of Heidi Parry Stern appearing on behalf of State of Nevada. Filed by on behalf of State of Nevada. (Stern, Heidi) (Entered: 08/20/2025)

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20 Aug. 20, 2025

Notice of Appearance of Kate S. Worthington appearing on behalf of State of Washington. Filed by on behalf of State of Washington. (Worthington, Kate) (Entered: 08/20/2025)

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21 Aug. 20, 2025

Notice of Appearance of Steven Travis Mayo appearing on behalf of Office of the Governor, ex rel. Andy Beshear,in his official capacity as Governor of the Commonwealth of Kentucky. Filed by on behalf of Office of the Governor, ex rel. Andy Beshear. (Mayo, Steven) (Entered: 08/20/2025)

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22 Aug. 22, 2025

Notice of Appearance of Laura Crittenden Tipton appearing on behalf of Office of the Governor, ex rel. Andy Beshear. Filed by on behalf of Office of the Governor, ex rel. Andy Beshear. (Tipton, Laura) (Entered: 08/22/2025)

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23 Aug. 22, 2025

Notice of Appearance of Kalikoonalani Diara Fernandes, David Dana Day appearing on behalf of State of Hawaii. Filed by on behalf of State of Hawaii. (Fernandes, Kalikoonalani) (Entered: 08/22/2025)

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24 Aug. 22, 2025

Affidavit of Service of Summons Issued, 3 upon All Defendants Filed by State of Oregon. (Hartmann, Leanne) (Entered: 08/22/2025)

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25 Aug. 25, 2025

Notice of Appearance of Jacob Boyer appearing on behalf of Josh Shapiro. Filed by on behalf of Josh Shapiro. (Boyer, Jacob) (Entered: 08/25/2025)

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26 Aug. 27, 2025

Notice of Appearance of Neil Giovanatti appearing on behalf of State of Michigan. Filed by on behalf of State of Michigan. (Giovanatti, Neil) (Entered: 08/27/2025)

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27 Aug. 27, 2025

Notice of Appearance of I-Heng Hsu appearing on behalf of Chris Wright, United States Department Of Energy. Filed by on behalf of Chris Wright, United States Department Of Energy. (Hsu, I-Heng) (Entered: 08/27/2025)

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28 Aug. 27, 2025

Motion for Partial Summary Judgment . Oral Argument requested.Expedited Hearing requested. Filed by State of New York. (Muqaddam, Rabia) (Entered: 08/27/2025)

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29 Aug. 27, 2025

Affidavit of Jessica Ranucci in Support of Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Muqaddam, Rabia) (Entered: 08/27/2025)

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30 Aug. 27, 2025

Declaration of David Althoff Jr. in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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31 Aug. 27, 2025

Declaration of Janine Benner in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1) (Muqaddam, Rabia) (Entered: 08/27/2025)

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32 Aug. 27, 2025

Declaration of Joseph Denicola in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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33 Aug. 27, 2025

Declaration of Steve Divan in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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34 Aug. 27, 2025

Declaration of Joseph Fontaine in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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35 Aug. 27, 2025

Declaration of Dominique Gomez in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (Muqaddam, Rabia) (Entered: 08/27/2025)

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36 Aug. 27, 2025

Declaration of Rebecca W. Goodman in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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37 Aug. 27, 2025

Declaration of Jennifer Martin-Gallardo in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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38 Aug. 27, 2025

Declaration of Paul McDonald in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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39 Aug. 27, 2025

Declaration of Joe Nguyen in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Muqaddam, Rabia) (Entered: 08/27/2025)

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40 Aug. 27, 2025

Declaration of Melissa Pawlisch in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Exhibit 1) (Muqaddam, Rabia) (Entered: 08/27/2025)

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41 Aug. 27, 2025

Declaration of Paul G. Pinsky in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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42 Aug. 27, 2025

Declaration of Jacob Poeschel in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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43 Aug. 27, 2025

Declaration of Pam Poisson in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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44 Aug. 27, 2025

Declaration of Michael Schwing in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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45 Aug. 27, 2025

Declaration of Brett Swan in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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46 Aug. 27, 2025

Notice of Appearance of Michael Tye appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Tye, Michael) (Entered: 08/27/2025)

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47 Aug. 27, 2025

Declaration of Julie Woosley in Support of Plaintiffs' Motion for Partial Summary Judgment. Filed by State of New York. (Related document(s): Motion for Partial Summary Judgment 28 .) (Muqaddam, Rabia) (Entered: 08/27/2025)

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48 Aug. 28, 2025

Notice of Appearance of Polly Synk appearing on behalf of State of Michigan. Filed by on behalf of State of Michigan. (Synk, Polly) (Entered: 08/28/2025)

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49 Aug. 28, 2025

Notice of Appearance of Scott William Boak appearing on behalf of State of Maine. Filed by on behalf of State of Maine. (Boak, Scott) (Entered: 08/28/2025)

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50 Aug. 28, 2025

Notice of Appearance of Caleb Edward Elwell appearing on behalf of State of Maine. Filed by on behalf of State of Maine. (Elwell, Caleb) (Entered: 08/28/2025)

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51 Aug. 28, 2025

SCHEDULING ORDER by Judge Mustafa T. Kasubhai regarding Motion for Partial Summary Judgment 28 . Defendants' Response to Plaintiffs' Motion for Partial Summary Judgment (ECF No. 28 ) is due 9/15/2025. Plaintiffs' Reply is due 9/25/2025. Oral argument is set for 9:30 A.M. on 9/29/2025 in Eugene Courtroom 1 before Judge Mustafa T. Kasubhai. Each party is ordered to submit to chambers bench copies of all exhibits offered in support of their motion or opposition as soon as practicable after briefing on the motion is complete, but at latest 7 days before the date of oral argument. (bd) Modified on 8/28/2025 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) Modified on 8/28/2025 to update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/28/2025)

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Aug. 28, 2025

1 - Scheduling

52 Aug. 29, 2025

ORDER by Judge Mustafa T. Kasubhai: The Parties are ordered to submit a joint status report by 9/5/2025 advising the Court of the status of the conferral on the topic of a voluntary stay on the policy at issue in this case, as referenced in Plaintiffs' Motion for Partial Summary Judgment. (bd) (Entered: 08/29/2025)

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Aug. 29, 2025

1 - Scheduling

53 Sept. 2, 2025

Notice of Appearance. Filed by State of New Mexico. (Noferi, Mark) Modified on 9/3/2025 to terminate motion and correct docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 09/02/2025)

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54 Sept. 5, 2025

Joint Status Report by All Plaintiffs. Filed by All Plaintiffs. (Ranucci, Jessica) (Entered: 09/05/2025)

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55 Sept. 15, 2025

Memorandum in Opposition to Motion for Partial Summary Judgment 28 . Filed by United States Department Of Energy, Chris Wright. (Hsu, I-Heng) (Entered: 09/15/2025)

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56 Sept. 15, 2025

Declaration of Pamela Lavergne in Support of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment. Filed by United States Department Of Energy, Chris Wright. (Related document(s): Memorandum in Opposition 55 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Hsu, I-Heng) (Entered: 09/15/2025)

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3 Exhibit C

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57 Sept. 15, 2025

Declaration of Ari Gerstman in Support of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment. Filed by United States Department Of Energy, Chris Wright. (Related document(s): Memorandum in Opposition 55 .) (Attachments: # 1 Exhibit A) (Hsu, I-Heng) (Entered: 09/15/2025)

1 Exhibit A

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58 Sept. 15, 2025

Declaration of Derek Schroeder in Support of Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment. Filed by United States Department Of Energy, Chris Wright. (Related document(s): Memorandum in Opposition 55 .) (Attachments: # 1 Exhibit A) (Hsu, I-Heng) (Entered: 09/15/2025)

1 Exhibit A

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59 Sept. 15, 2025

Motion to Dismiss for Lack of Jurisdiction . Filed by All Defendants. (Tye, Michael) (Entered: 09/15/2025)

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60 Sept. 23, 2025

Notice of Appearance of Aaron Bibb appearing on behalf of State of Wisconsin. Aaron Bibb,Aaron Bibb,Aaron Bibb for State of Wisconsin,Aaron Bibb,Aaron Bibb,Aaron Bibb,Aaron Bibb for State of Wisconsin. Filed by on behalf of State of Wisconsin. (Bibb, Aaron) (Entered: 09/23/2025)

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61 Sept. 23, 2025

Amended Complaint . Filed by State of Maryland, District of Columbia, State of Washington, State of Colorado, State of Oregon, State of New York, State of Wisconsin, State of Nevada, Josh Shapiro, State of Delaware, State of Minnesota, State of Illinois, State of Michigan, State of North Carolina, State of New Mexico, State of Hawaii, State of California, Office of the Governor, ex rel. Andy Beshear, State of Maine, State of Connecticut, Commonwealth of Massachusetts against United States Department Of Energy, Chris Wright (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Attachment Redline of Amended Complaint). (Ranucci, Jessica) (Entered: 09/23/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Attachment Redline of Amended Complaint

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62 Sept. 25, 2025

Notice of Appearance of Katherine Brady Dirks appearing on behalf of Commonwealth of Massachusetts. Filed by on behalf of Commonwealth of Massachusetts. (Dirks, Katherine) (Entered: 09/25/2025)

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63 Sept. 25, 2025

Reply in support of to Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) (Entered: 09/25/2025)

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64 Sept. 25, 2025

Supplemental Declaration of Janine Benner in support of Plaintiffs' Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) Modified on 9/26/2025 to add document link. NEF regenerated. (jw) (Entered: 09/25/2025)

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65 Sept. 25, 2025

Declaration of Kathie Dello in support of Plaintiffs' Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Ranucci, Jessica) Modified on 9/26/2025 to add document link. NEF regenerated. (jw) (Entered: 09/25/2025)

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66 Sept. 25, 2025

Supplemental Declaration of Rebecca Goodman in support of Plaintiffs' Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) Modified on 9/26/2025 to add document link. NEF regenerated. (jw) (Entered: 09/25/2025)

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67 Sept. 25, 2025

Declaration of Elizabeth Mahony in support of Plaintiffs' Motion for Partial Summary Judgment 28 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Ranucci, Jessica) Modified on 9/26/2025 to add document link. NEF regenerated. (jw) (Entered: 09/25/2025)

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68 Sept. 25, 2025

Supplemental Declaration of Pam Poisson in support of Plaintiffs' Motion for Partial Summary Judgment. (Related document: Motion for Partial Summary Judgment 28 .) Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) Modified on 9/26/2025 to add document link and update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 09/25/2025)

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69 Sept. 25, 2025

Response in Opposition to Motion to Dismiss for Lack of Jurisdiction 59 . Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Ranucci, Jessica) (Entered: 09/25/2025)

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70 Sept. 26, 2025

Notice of Appearance of Aaron Bibb appearing on behalf of State of Wisconsin. Aaron Bibb,Aaron Bibb for State of Wisconsin,Aaron Bibb,Aaron Bibb,Aaron Bibb for State of Wisconsin. Filed by on behalf of State of Wisconsin. (Bibb, Aaron) (Entered: 09/26/2025)

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71 Sept. 26, 2025

Supplemental Declaration of Janine Benner with Exhibit, previously filed at ECF No. 64. Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Attachments: # 1 Exhibit 1) (Ranucci, Jessica) (Entered: 09/26/2025)

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72 Sept. 29, 2025

Notice of Appearance of Nathaniel Haviland-Markowitz appearing on behalf of Commonwealth of Massachusetts. Filed by on behalf of Commonwealth of Massachusetts. (Haviland-Markowitz, Nathaniel) (Entered: 09/29/2025)

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73 Sept. 29, 2025

MINUTES of Proceedings: Motion Hearing held before Judge Mustafa T. Kasubhai regarding Motion for Partial Summary Judgment 28, Motion to Dismiss/Lack of Jurisdiction 59 . The Court takes the motions under advisement. Formal order to follow. Plaintiffs are ordered to file a proposed order regarding remedies by 10/8/2025. The proposed order should include a brief summary of the authority supporting such remedies. Defendants' response to the proposed order is due 10/15/2025. Jessica Ranucci, Phalen Kohlruss-Reuman and Leanne Hartmann present as counsel for plaintiffs. I-Heng Hsu present as counsel for defendants. (Court Reporter: Lindsey Weresch.) (bd) (Entered: 09/29/2025)

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Sept. 29, 2025

9CONV - Schedules - Set/Reset/Terminate AND Motion Hearing Held

74 Oct. 1, 2025

Transcript Designation and Order Form for the hearing held on 09/29/2025 before Judge Mustafa T. Kasubhai. Court Reporter: Lindsey Weresch. . Filed by State of Oregon. (Hartmann, Leanne) (Entered: 10/01/2025)

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75 Oct. 8, 2025

Motion for Stay . Filed by All Defendants. (Tye, Michael) (Entered: 10/08/2025)

Clearinghouse
76 Oct. 8, 2025

Supplemental Memorandum in Support of Plaintiffs' Motion for Partial Summary Judgment enclosing Proposed Order. Filed by Commonwealth of Massachusetts, District of Columbia, Office of the Governor, ex rel. Andy Beshear, Josh Shapiro, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maine, State of Maryland, State of Michigan, State of Minnesota, State of Nevada, State of New Mexico, State of New York, State of North Carolina, State of Oregon, State of Washington, State of Wisconsin. (Related document(s): Motion for Partial Summary Judgment 28 .) (Attachments: # 1 Proposed Order) (Ranucci, Jessica) (Entered: 10/08/2025)

1 Proposed Order

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77 Oct. 9, 2025

ORDER by Judge Mustafa T. Kasubhai: Before the Court is Defendant's Motion for a Stay of Case in Light of Lapse of Appropriations (ECF No. 75 ). This Court has already held oral argument and ruled from the bench on the merits of the case (formal opinion to follow). The Court invited the parties to provide additional briefing on the narrow issue of the form of order with respect to remedy. Given the narrow scope of the remaining issues and the prejudice to Plaintiffs in delaying resolution, the Court declines to exercise its discretion to stay this case. Defendant's motion is DENIED. Defendant's response, should it still wish to file one, remains due on October 15, 2025. (bd) (Entered: 10/09/2025)

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Oct. 9, 2025

Order on Motion for Stay

78 Oct. 15, 2025

Memorandum in Opposition to Plaintiffs' Proposed Order 76 . Filed by All Defendants. (Tye, Michael) Modified on 10/21/2025 to add document link. NEF regenerated. (jw) (Entered: 10/15/2025)

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79 Oct. 20, 2025

SCHEDULING ORDER by Judge Mustafa T. Kasubhai: Status Conference is set for 10/28/2025 at 09:00AM in Eugene by telephone before Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent to the parties by e-mail prior to the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. (bd) (Entered: 10/20/2025)

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Oct. 20, 2025

1 - Scheduling

80 Oct. 22, 2025

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 09/29/2025 before Judge Mustafa T. Kasubhai, Court Reporter Lindsey Weresch, telephone number (503)326-8047 or lindsey_weresch@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 10/29/2025. Redaction Request due 11/12/2025. Redacted Transcript Deadline set for 11/24/2025. Release of Transcript Restriction set for 1/20/2026. (Weresch, Lindsey) (Entered: 10/22/2025)

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81 Oct. 28, 2025

MINUTES of Proceedings: Telephonic Status Conference held before Judge Mustafa T. Kasubhai. Jessica Ranucci and Leanne Hartmann present as counsel for plaintiffs. I-Heng Hsu and Michael Tye present as counsel for defendants. (FTR - Eugene Courtroom 1.) (bd) (Entered: 10/28/2025)

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Oct. 28, 2025

Status Conference

82 Oct. 29, 2025

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Status Conference held on 10/28/2025 before Judge Mustafa T. Kasubhai, Court Reporter Ryan White, telephone number 503-826-8184 or ryan_white@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter or through PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 11/5/2025. Redaction Request due 11/19/2025. Redacted Transcript Deadline set for 12/1/2025. Release of Transcript Restriction set for 1/27/2026. (White, Ryan) (Entered: 10/29/2025)

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83 Nov. 10, 2025

Opinion and Order signed on 11/10/2025 by Judge Mustafa T. Kasubhai: Defendants' Motion to Dismiss (ECF No. 59 ) is DENIED and Plaintiffs' Motion for Partial Summary Judgment (ECF No. 28 ) is GRANTED. Because Plaintiffs' motion is dispositive of this matter, the Court will enter Judgment. (jk) (Entered: 11/10/2025)

Clearinghouse
84 Nov. 10, 2025

JUDGMENT signed on 11/10/2025 by Judge Mustafa T. Kasubhai. (jk) (Entered: 11/10/2025)

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85 Nov. 14, 2025

Notice In Accordance with Paragraph 8 of the Judgment Filed by All Defendants. (Attachments: # 1 Exhibit A) (Tye, Michael) (Entered: 11/14/2025)

1 Exhibit A

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86 Jan. 9, 2026

Notice of Appeal to the 9th Circuit (fee exempt status selected) . Filed by All Defendants. (Tye, Michael) (Entered: 01/09/2026)

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Jan. 12, 2026

USCA Case Number

Jan. 12, 2026

USCA Case Number and Notice confirming Docketing Record on Appeal re Notice of Appeal 86 . Case Appealed to 9th Circuit Case Number 26-214 assigned. (sss)

87 May 11, 2026

Mandate of USCA

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88 June 22, 2026

Withdrawal of Attorney

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89 Aug. 20, 2026

Withdrawal of Attorney

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Case Details

State / Territory:

Oregon

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Aug. 15, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Multiple state governments represented by their respective Attorneys General or Governors.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Case Details

Causes of Action:

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

Other Dockets:

District of Oregon 6:25-cv-01458

U.S. Court of Appeals for the Ninth Circuit 26-00214

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Other

Recommended Citation