Case: Center For Biological Diversity v. Burgum

1:26-cv-01172 | U.S. District Court for the District of District of Columbia

Filed Date: April 7, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the U.S. Fish and Wildlife Service's failure to issue a final listing determination for the coal darter under the Endangered Species Act, despite a statutory deadline requiring action within one year of a proposed listing. The Center for Biological Diversity, a national non-profit conservation organization incorporated in California and headquartered in Tucson, Arizona, filed suit on April 7, 2026 against the Secretary of the U.S. Department of the Interior, the Director of…

This case challenged the U.S. Fish and Wildlife Service's failure to issue a final listing determination for the coal darter under the Endangered Species Act, despite a statutory deadline requiring action within one year of a proposed listing.

The Center for Biological Diversity, a national non-profit conservation organization incorporated in California and headquartered in Tucson, Arizona, filed suit on April 7, 2026 against the Secretary of the U.S. Department of the Interior, the Director of the U.S. Fish and Wildlife Service, and the U.S. Fish and Wildlife Service itself. The case was filed in the U.S. District Court for the District of Columbia.

The Center had petitioned the Fish and Wildlife Service to list the coal darter under the Endangered Species Act on April 20, 2010, and the Service issued a positive 90-day finding on September 27, 2011, followed by a proposed listing of the coal darter as threatened on December 21, 2023. However, the Service allegedly failed to issue the required final listing determination by the statutory deadline of December 21, 2024. The Center claimed this violated section 4(b)(A)(i) of the Endangered Species Act, which requires publication of a final listing rule within one year of a 12-month finding that proposes listing a species. The Center sought declaratory and injunctive relief along with attorneys' fees and costs. The case was brought before District Judge Reggie B. Walton.

 

 

Summary Authors

Zahra Jamil (6/19/2026)

Jinan Abufarha (4/12/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73154574/parties/center-for-biological-diversity-v-burgum/


Judge(s)

Walton, Reggie B. (District of Columbia)

Attorney for Plaintiff

Reeves, Lindsay (District of Columbia)

Waltz, Daniel H. (District of Columbia)

Attorney for Defendant

Levy, Brian J. (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-01172

Complaint for Declaratory and Injunctive Relief

Center for Biological Diversity v. Burgum

April 7, 2026

April 7, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73154574/center-for-biological-diversity-v-burgum/

Last updated Oct. 25, 2026, 3:29 a.m.

Docket for: CENTER FOR BIOLOGICAL DIVERSITY v. BURGUM
ECF Number Date Description Link
1 April 7, 2026

COMPLAINT against CENTER FOR BIOLOGICAL DIVERSITY ( Filing fee $ 405 receipt number ADCDC-12344708) filed by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Secretary Burgum, # 3 Summons Director Nesvik, # 4 Summons US Fish and Wildlife Service, # 5 Summons US Attorney for District of Columbia Pirro, # 6 Summons US Attorney General)(Waltz, Daniel) (Entered: 04/07/2026)

1 Civil Cover Sheet

View on PACER

2 Summons Secretary Burgum

View on PACER

3 Summons Director Nesvik

View on PACER

4 Summons US Fish and Wildlife Service

View on PACER

5 Summons US Attorney for District of Columbia Pirro

View on PACER

6 Summons US Attorney General

View on PACER

Clearinghouse
2 April 7, 2026

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Waltz, Daniel) (Entered: 04/07/2026)

RECAP
3 April 8, 2026

SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/08/2026)

RECAP
4 April 8, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lindsay Reeves, Filing fee $ 100, receipt number ADCDC-12348684. Fee Status: Fee Paid. by CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Exhibit 1 - Reeves Declaration, # 2 Exhibit 2 - Certificate of Good Standing, # 3 Text of Proposed Order)(Waltz, Daniel) (Entered: 04/08/2026)

RECAP
April 8, 2026

Case Assigned to Judge Reggie B. Walton. (znmw)

April 8, 2026

Case Assigned/Reassigned

April 8, 2026

Order on Motion for Leave to Appear Pro Hac Vice

April 8, 2026

MINUTE ORDER. The Court having considered the plaintiff's 4 Motion For Lindsay Reeves 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 this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Lindsay E. Reeves, of Center for Biological Diversity, 3436 Magazine Street, FRNT PMB 539, New Orleans, LA 70115, is ADMITTED to practice before the Court 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. Signed by Judge Reggie B. Walton on April 8, 2026. (lcrbw1)

5 April 10, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/8/2026. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2026. (Waltz, Daniel) (Entered: 04/10/2026)

RECAP
6 May 14, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/20/2026. (Waltz, Daniel) (Entered: 05/14/2026)

RECAP
7 May 14, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. FISH AND WILDLIFE SERVICE served on 4/20/2026 (Waltz, Daniel) (Entered: 05/14/2026)

RECAP
8 May 14, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOUGLAS BURGUM served on 4/20/2026 (Waltz, Daniel) (Entered: 05/14/2026)

RECAP
9 May 14, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BRIAN NESVIK served on 4/20/2026 (Waltz, Daniel) (Entered: 05/14/2026)

RECAP
10 May 14, 2026

NOTICE of Appearance by Lindsay Reeves on behalf of CENTER FOR BIOLOGICAL DIVERSITY (Reeves, Lindsay) (Entered: 05/14/2026)

RECAP
11 June 2, 2026

NOTICE of Appearance by Brian J. Levy on behalf of DOUGLAS BURGUM, BRIAN NESVIK, U.S. FISH AND WILDLIFE SERVICE (Levy, Brian) (Entered: 06/02/2026)

RECAP
12 June 2, 2026

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DOUGLAS BURGUM, BRIAN NESVIK, U.S. FISH AND WILDLIFE SERVICE. (Attachments: # 1 Text of Proposed Order)(Levy, Brian) (Entered: 06/02/2026)

RECAP
June 4, 2026

MINUTE ORDER. Upon consideration of the 12 Defendants' Consent Motion For An Extension Of Time To Respond To The Complaint, and for good cause shown, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that, on or before August 7, 2026, the defendants shall file their answer or otherwise respond to the plaintiff's Complaint. Signed by Judge Reggie B. Walton on June 4, 2026. (lcrbw1)

June 4, 2026

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

13 July 31, 2026

Extension of Time to File Answer

RECAP
Aug. 6, 2026

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

14 Sept. 8, 2026

Answer to Complaint

RECAP
15 Sept. 11, 2026

Summary Judgment

RECAP
16 Sept. 13, 2026

Extension of Time to File Document AND Extension of Time to File Response/Reply

RECAP
17 Sept. 14, 2026

Response to motion

RECAP
18 Sept. 15, 2026

.Order

RECAP
19 Sept. 16, 2026

Modify

RECAP
Sept. 16, 2026

.Order AND ~Util - Set/Reset Hearings

Sept. 18, 2026

Order on Motion to Continue AND Set/Reset Hearings

20 Sept. 24, 2026

Order on Motion for Extension of Time to File AND Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines/Hearings

RECAP
Sept. 24, 2026

Status Conference AND ~Util - Set/Reset Deadlines/Hearings

Case Details

State / Territory:

District of Columbia

Case Type(s):

Public Benefits/Government Services

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 7, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Center for Biological Diversity, a national, non-profit conservation organization that works through science, law, and policy to protect imperiled wildlife and their habitat.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Public Counsel

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Fish and Wildlife Service

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

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

Other Dockets:

District of District of Columbia 1:26-cv-01172

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Threatened/endangered fauna

Recommended Citation