Case: City and County of San Francisco v. Department of Energy

3:26-cv-05455 | U.S. District Court for the Northern District of California

Filed Date: June 5, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the U.S. Department of Energy’s (DOE) new funding condition.  DOE sought to impose a new condition (“the Discrimination Condition”) on all of its funding, which required funding recipients to agree to and certify compliance with an interpretation of anti-discrimination laws that effectively prohibited diversity, equity, and inclusion (DEI) initiatives. The Discrimination Condition purported to implement Executive Order 14173, which targeted policies relating to DEI.  …

This is a case challenging the U.S. Department of Energy’s (DOE) new funding condition. 

DOE sought to impose a new condition (“the Discrimination Condition”) on all of its funding, which required funding recipients to agree to and certify compliance with an interpretation of anti-discrimination laws that effectively prohibited diversity, equity, and inclusion (DEI) initiatives. The Discrimination Condition purported to implement Executive Order 14173, which targeted policies relating to DEI. 

On June 5, 2026, the City and County of San Francisco filed this lawsuit in the U.S. District Court for the Northern District of California. The plaintiffs sued DOE and its Secretary in his official capacity, asserting violations of the Separation of Powers, Spending Power, and the Administrative Procedure Act (APA). The plaintiffs alleged that the condition forced them to either forgo critical funding or risk False Claims Act liability under the DOE’s ambiguous and legally contested standards. The plaintiffs sought declaratory relief, injunctive relief barring DOE from enforcing the Discrimination Condition, an order postponing any action taken to enforce the Discrimination Condition, a vacatur of the Discrimination Condition, and attorney’s fees. The case was assigned to District Judge James Donato.

This case is ongoing.

Summary Authors

Alexis Gil (7/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73449176/parties/city-and-county-of-san-francisco-v-department-of-energy/


Judge(s)

Donato, James (California)

Attorney for Plaintiff

Chiu, David S. (California)

Eisenberg, Sara Jennifer (California)

Lee, Mollie M (California)

Mere, Yvonne Rosil (California)

Documents in the Clearinghouse

Documents in this case
1

3:26-cv-05455

Complaint For Declaratory And Injunctive Relief

June 5, 2026

June 5, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73449176/city-and-county-of-san-francisco-v-department-of-energy/

Last updated Oct. 14, 2026, 3:24 a.m.

Docket for: City and County of San Francisco v. Department of Energy
ECF Number Date Description Link
1 June 5, 2026

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405, receipt number ACANDC-22070080.). Injunction against the US government/official or APA vacatur requested. Filed by CITY AND COUNTY OF SAN FRANCISCO. (Chiu, David) (Filed on 6/5/2026) (Entered: 06/05/2026)

Clearinghouse
2 June 5, 2026

Proposed Summons. (Chiu, David) (Filed on 6/5/2026) (Entered: 06/05/2026)

RECAP
3 June 5, 2026

NOTICE of Appearance filed by Cara Meyer on behalf of CITY AND COUNTY OF SAN FRANCISCO (Meyer, Cara) (Filed on 6/5/2026) (Entered: 06/05/2026)

RECAP
June 5, 2026

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

4 June 8, 2026

Case assigned to Judge James Donato.

RECAP
June 8, 2026

~Util - Case Assigned by Intake

5 June 9, 2026

Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Case Management Statement due by 9/3/2026. Initial Case Management Conference set for 9/10/2026 11:00 AM in San Francisco, - Videoconference Only. (Attachments: (1) Notice of Eligibility for Video Recording)(kxo, COURT STAFF) (Filed on 6/9/2026)

1 Notice of Eligibility for Video Recording

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RECAP
6 June 9, 2026

Summons Issued as to United States Department of Energy, Christopher Wright, U.S. Attorney and U.S. Attorney General (kxo, COURT STAFF) (Filed on 6/9/2026)

RECAP
7 June 23, 2026

CERTIFICATE OF SERVICE by CITY AND COUNTY OF SAN FRANCISCO re 2 Proposed Summons, 1 Complaint, 5 Initial Case Management Scheduling Order with ADR Deadlines,, (Meyer, Cara) (Filed on 6/23/2026) (Entered: 06/23/2026)

RECAP
8 July 7, 2026

NOTICE of Appearance filed by Michael A. Keough on behalf of CITY AND COUNTY OF SAN FRANCISCO (Keough, Michael) (Filed on 7/7/2026)

RECAP
July 7, 2026

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

9 Aug. 7, 2026

NOTICE of Appearance filed by Nag Young Chu on behalf of United States Department of Energy, Christopher Wright (Chu, Nag Young) (Filed on 8/7/2026)

RECAP
10 Aug. 7, 2026

STIPULATION re [1] Complaint, filed by United States Department of Energy, Christopher Wright. (Chu, Nag Young) (Filed on 8/7/2026)

RECAP
11 Aug. 20, 2026

STIPULATION WITH PROPOSED ORDER to Continue CMC filed by City and County of San Francisco. (Meyer, Cara) (Filed on 8/20/2026)

RECAP
12 Aug. 21, 2026

STIPULATION re [1] Complaint, filed by United States Department of Energy, Christopher Wright. (Chu, Nag Young) (Filed on 8/21/2026)

RECAP
13 Aug. 31, 2026

ADR Clerk's Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 8/31/2026)

RECAP
14 Aug. 31, 2026

ANSWER to Complaint by United States Department of Energy, Christopher Wright. (Chu, Nag Young) (Filed on 8/31/2026)

RECAP
15 Aug. 31, 2026

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Chu, Nag Young) (Filed on 8/31/2026)

RECAP
16 Aug. 31, 2026

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Meyer, Cara) (Filed on 8/31/2026)

RECAP
17 Aug. 31, 2026

STIPULATION WITH PROPOSED ORDER filed by United States Department of Energy, Christopher Wright. (Chu, Nag Young) (Filed on 8/31/2026)

RECAP
18 Sept. 3, 2026

ORDER. At the parties' joint request, Dkt. No. 11, the initial case management conference is continued to December 10, 2026 at 11:00 a.m. The case management statement is due by December 3, 2026. Signed by Judge James Donato on 09/03/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 9/3/2026)

RECAP
19 Sept. 3, 2026

ORDER. At the parties' joint request, Dkt. No. 17, the deadline to submit a certified copy of the transcript of the administrative record is extended by one week to September 7, 2026. Signed by Judge James Donato on 09/03/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc3, COURT STAFF) (Filed on 9/3/2026)

RECAP
20 Sept. 4, 2026

STIPULATION WITH PROPOSED ORDER to Set Briefing Schedule for Summary Judgment filed by City and County of San Francisco. (Meyer, Cara) (Filed on 9/4/2026)

RECAP
21 Sept. 8, 2026

NOTICE by United States Department of Energy, Christopher Wright re [19] Order,, Terminate Motions, of Filing of Certified Administrative Record (Attachments: (1) Declaration, (2) Exhibit Transcript, (3) Exhibit, (4) Exhibit, (5) Exhibit, (6) Exhibit, (7) Exhibit, (8) Exhibit, (9) Exhibit, (10) Exhibit, (11) Exhibit, (12) Exhibit, (13) Exhibit, (14) Exhibit, (15) Exhibit, (16) Exhibit, (17) Exhibit)(Chu, Nag Young) (Filed on 9/8/2026)

1 Declaration

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2 Exhibit Transcript

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Exhibit

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10 Exhibit

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11 Exhibit

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12 Exhibit

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13 Exhibit

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14 Exhibit

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15 Exhibit

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16 Exhibit

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17 Exhibit

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RECAP
23 Sept. 21, 2026

CASE MANAGEMENT SCHEDULING ORDER: Motion Hearing set for 5/13/2027 11:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Amended Pleadings due by 10/9/2026. Motions due by 10/30/2026. Signed by Judge James Donato on 09/21/2026. (jdlc3, COURT STAFF) (Filed on 9/21/2026)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 5, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are the City and County of San Francisco.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Secretary of Energy

U.S. Department of Energy (DOE)

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

Constitutional Clause(s):

Separation of Powers

Spending/Appropriations Clauses

Other Dockets:

Northern District of California 3:26-cv-05455

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

General/Misc.:

Funding

Recommended Citation