Case: Center for Biological Diversity v. Nesvik

1:26-cv-02053 | U.S. District Court for the District of District of Columbia

Filed Date: June 10, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This suit challenges the United States Fish and Wildlife Service’s deal with SpaceX to exchange a wildlife refuge’s land for private land, allegedly without regard for protection of historical sites and conservation goals. On June 10, 2026, several environmental nonprofits, including the Center for Biological Diversity, Save RGV, the Carrizo/Comecrudo Nation of Texas, and South Texas Environmental Justice Network, filed suit in the U.S. District Court for the District of Columbia against the Un…

This suit challenges the United States Fish and Wildlife Service’s deal with SpaceX to exchange a wildlife refuge’s land for private land, allegedly without regard for protection of historical sites and conservation goals.

On June 10, 2026, several environmental nonprofits, including the Center for Biological Diversity, Save RGV, the Carrizo/Comecrudo Nation of Texas, and South Texas Environmental Justice Network, filed suit in the U.S. District Court for the District of Columbia against the United States Fish and Wildlife Service (the “Service”) and its Director. Plaintiffs challenged the Service's approval of the "Boca Chica Land Exchange," under which it agreed to transfer 715 acres of the Lower Rio Grande Valley National Wildlife Refuge (“LRGV Refuge”) to SpaceX in exchange for 683 acres of private land, despite the LRGV Refuge already falling more than 30,000 acres short of its conservation goals established in a 1997 management plan.The land to be transferred includes undeveloped tidal marsh, saline prairie, coastal thornscrub, and other ecologically connected habitats, and overlaps with approximately 703 acres of the Palmito Ranch Battlefield National Historic Landmark—the site of the final battle of the Civil War.  The Plaintiffs alleged that the Service failed to ensure the protection of the historical site, relied on unsupported data developed in collaboration with SpaceX, failed to consider adequate alternatives in its Environmental Assessment, and had not updated the Refuge’s management plan since 1997 despite significant changes caused by SpaceX’s operations. The Plaintiffs also contended that the Service failed to demonstrate that the exchange would further the Refuge’s purposes as required. Plaintiffs asserted five claims for relief under the National Wildlife Refuge System Improvement Act (NWRSIA), the National Historic Preservation Act (NHPA), the National Environmental Policy Act (NEPA), and the Administrative Procedure Act (APA). They sought declaratory relief, vacatur and injunctive relief blocking implementation of the exchange, a mandatory order compelling revision of the management plan, and attorneys' fees. The case was assigned to Judge John D. Bates. 

As of June 16, 2026, briefing is ongoing. 

Summary Authors

(6/14/2026)

Kara Wilczynski (6/23/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73464544/parties/center-for-biological-diversity-v-nesvik/


Judge(s)

Bates, John D. (District of Columbia)

Attorney for Plaintiff

Ditmars, Ivan (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:26-cv-02053

Complaint

June 10, 2026

June 10, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73464544/center-for-biological-diversity-v-nesvik/

Last updated June 23, 2026, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE ( Filing fee $ 405 receipt number ADCDC-12478710) filed by SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK, CENTER FOR BIOLOGICAL DIVERSITY, THE CARRIZO/COMECRUDO NATION OF TEXAS, INC., SAVE RGV. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Ditmars, Ivan) (Entered: 06/10/2026)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

June 10, 2026

June 10, 2026

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Ditmars, Ivan) (Entered: 06/10/2026)

June 10, 2026

June 10, 2026

3

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SAVE RGV (Ditmars, Ivan) (Entered: 06/10/2026)

June 10, 2026

June 10, 2026

4

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE CARRIZO/COMECRUDO NATION OF TEXAS, INC. (Ditmars, Ivan) (Entered: 06/10/2026)

June 10, 2026

June 10, 2026

5

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK (Ditmars, Ivan) (Entered: 06/10/2026)

June 10, 2026

June 10, 2026

6

REQUEST FOR SUMMONS TO ISSUE filed by SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK, CENTER FOR BIOLOGICAL DIVERSITY, CARRIZO/COMECRUDO NATION OF TEXAS, INC., SAVE RGV. Related document: 1 Complaint, filed by CARRIZO/COMECRUDO NATION OF TEXAS, INC., SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK, SAVE RGV, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: # 1 Summons)(Ditmars, Ivan) (Entered: 06/10/2026)

June 10, 2026

June 10, 2026

7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brandon Jones-Cobb, Filing fee $ 100, receipt number ADCDC-12480159. Fee Status: Fee Paid. by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK. (Attachments: # 1 Declaration, # 2 Appendix, # 3 Text of Proposed Order)(Ditmars, Ivan) (Entered: 06/10/2026)

June 10, 2026

June 10, 2026

8

SUMMONS (4) Issued Electronically as to BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/10/2026)

June 10, 2026

June 10, 2026

Case Assigned/Reassigned

June 10, 2026

June 10, 2026

Case Assigned to Judge John D. Bates. (zmtm)

June 10, 2026

June 10, 2026

9

Notice of Appearance

June 18, 2026

June 18, 2026

Order on Motion for Leave to Appear Pro Hac Vice

June 18, 2026

June 18, 2026

10

Notice of Appearance

June 19, 2026

June 19, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 10, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several non-profit organizations focused on environmental protection, including the Center for Biological Diversity, Save RGV, the Carrizo/Comecrudo Nation of Texas, and the South Texas Environmental Justice Network

Plaintiff Type(s):

American Indian Tribe

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States Fish and Wildlife Service

Case Details

Causes of Action:

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

National Environmental Protection Act, 42 U.S.C. §§ 4321–4370f

Other Dockets:

District of District of Columbia 1:26-cv-02053

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

Threatened/endangered flora

Recommended Citation