Case: State of Calfornia v. Burgum

3:26-cv-10071 | U.S. District Court for the Northern District of California

Filed Date: Sept. 9, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the decision by the Secretary of Interior, acting through the United States Fish & Wildlife Service (FWS), and the Secretary of Commerce, acting through the National Marine Fisheries Service (NMFS) (collectively, the Services), to promulgate a final rule that eliminated protections for imperiled species' habitat under the Endangered Species Act (ESA) (Harm Rule Rescission). The ESA makes it unlawful for any person to "take" a fish or wildlife listed as endangered. Part of t…

This case challenged the decision by the Secretary of Interior, acting through the United States Fish & Wildlife Service (FWS), and the Secretary of Commerce, acting through the National Marine Fisheries Service (NMFS) (collectively, the Services), to promulgate a final rule that eliminated protections for imperiled species' habitat under the Endangered Species Act (ESA) (Harm Rule Rescission). The ESA makes it unlawful for any person to "take" a fish or wildlife listed as endangered. Part of the ESA's definition of "take" includes "harm." The Harm Rule Rescission revokes the Services' longstanding regulation of "harm" as including "significant habitat modification or degradation [that] actually kills or injures" fish or wildlife.

On September 9, 2026, plaintiffs, twenty states plus the District of Columbia, filed this lawsuit in the U.S. District Court for the Northern District of California against defendants, the Secretary of the U.S. Department of the Interior, the Principal Deputy Assistant for Fish and Wildlife and Parks, the FWS, the Secretary of Commerce, the Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy NOAA Administrator, and the NMFS. Represented by Attorneys General for each state and the district, plaintiffs alleged three causes of action.

First, plaintiffs alleged violations of the ESA and Administrative Procedures Act (APA) because the Services' narrower interpretation of the ESA's take prohibition is not in accordance with the law and is plainly contrary to the definition of harm in the ESA as held in Babbitt v. Sweet Home Chapter of Cmtys. for a Great Or., 515 U.S. 687, 697-708 (1995). Second, plaintiffs alleged violation of the APA because they argued the Harm Rule Rescission was arbitrary, capricious and an abuse of the Services' discretion because the Services failed to reasonably justify departing from the longstanding definition of take. Third, plaintiffs alleged that the Services violated National Environmental Policy Act (NEPA) and the APA by failing to take a "hard look" at the environmental impacts of the Harm Rule Rescission–either in an environmental impact statement or an environmental assessment–rendering the decision arbitrary, capricious, and an abuse of discretion under the APA. 

The plaintiffs sought a declaratory judgment that the Services violated the ESA, NEPA and APA, and an order vacating the Harm Rule Rescission, costs, and additional relief as the court deems just and proper. The case was initially assigned to Magistrate Judge Ajay S. Krishnan and subsequently reassigned to District Judge Rita F. Lin.

On October 6, 2026, plaintiffs filed an amended complaint adding two new defendants – the Director of FWS and the Director of NMFS. The substantive legal framework and causes of action were unchanged.

On October 7, 2026, defendants filed a motion for summary judgment with notice that at the scheduled hearing on November 19, 2026, they will move for summary judgment on all claims. Defendants argued that they complied with the APA by providing a reasoned explanation for rescinding the harm rule – namely, that the prior definition of harm was not the best meaning of the statutory text. Additionally, defendants argued the NEPA violation claim had no merit because no NEPA analysis was required since the Services had no discretion to maintain an unlawful regulation, and if NEPA did apply, this was a categorical exclusion.

The case is ongoing. 

Summary Authors

Raquel Winer (10/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74766462/parties/state-of-calfornia-v-burgum/


Judge(s)
Attorney for Plaintiff

Aguilera, Susana (California)

Arizona, State of (California)

Breidenbach, Christopher G. (California)

Brinkman, Joanna (California)

Attorney for Defendant

Bowman, Alec (California)

Attorney for Plaintiff

Aguilera, Susana (California)

Arizona, State of (California)

Breidenbach, Christopher G. (California)

Brinkman, Joanna (California)

Calfornia, State of (California)

Colorado, State of (California)

Columbia, District of (California)

Connecticut, State of (California)

Delaware, State of (California)

Gambill, Nathan A. (California)

Garrahan, Paul Andrew (California)

Goldstein, Steven J. (California)

Grzebielski, Kevin L (California)

Harris, Elizabeth Marie (California)

Hawaii, State of (California)

Hunton, Michele A. (California)

Illinois, State of (California)

Island, State of (California)

Jersey, State of (California)

Kassab, Vanessa L. (California)

Lewis, Heather Mudford (California)

Loda, Jennifer Lynn (California)

Maryland, State of (California)

Massachusetts, Commonwealth of (California)

Mexico, State of (California)

Michigan, State of (California)

Minnesota, State of (California)

Mirman-Heslin, Laura (California)

Montag, Coty Rae (California)

Morelli, Lisa Jo (California)

Mueller, Tara Lynn (California)

Noteboom, Carrie (California)

Oregon, State of (California)

Paccione, Alana V (California)

Patel, Danica (California)

Rios-Keating, Catherine (California)

Salton, Daniel Matthew (California)

Smith, Maggie Baker (California)

Smith, Zeus (California)

Vaz, Nicholas M. (California)

Vermont, State of (California)

Virginia, Commonwealth of (California)

Washington, State of (California)

Wisconsin, State of (California)

York, State of (California)

Zuckerman, Laura Julie (California)

Documents in the Clearinghouse

Documents in this case
1

3:26-cv-10071

Complaint for Declaratory and Injunctive Relief

Sept. 9, 2026

Sept. 9, 2026

Complaint
50

3:26-cv-10071

First Amended Complaint for Declaratory Relief

State of California v. Burgum

Oct. 6, 2026

Oct. 6, 2026

Complaint
60

3:26-cv-10071

Federal Defendants' Motion for Summary Judgment

State of California v. Burgum

Oct. 7, 2026

Oct. 7, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/74766462/state-of-calfornia-v-burgum/

Last updated Oct. 29, 2026, 3:24 a.m.

Docket for: State of Calfornia v. Burgum
ECF Number Date Description Link
1 Sept. 9, 2026

COMPLAINT FOR DECLARATORY RELIEF against All Defendants ( Filing fee $ 405, receipt number ACANDC-22441339.). Injunction against the US government/official or APA vacatur requested. Filed by State of Calfornia. (Loda, Jennifer) (Filed on 9/9/2026) (Entered: 09/09/2026)

Clearinghouse
2 Sept. 10, 2026

Case assigned to Magistrate Judge Ajay S. Krishnan. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/24/2026. (amf, COURT STAFF) (Filed on 9/10/2026) (Entered: 09/10/2026)

RECAP
3 Sept. 10, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22447461.) filed by State of Washington. (Harris, Elizabeth) (Filed on 9/10/2026) (Entered: 09/10/2026)

RECAP
4 Sept. 10, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22447505.) filed by State of Washington. (Smith, Maggie) (Filed on 9/10/2026) (Entered: 09/10/2026)

RECAP
Sept. 10, 2026

~Util - Case Assigned by Intake

5 Sept. 11, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22450317.) filed by State of Colorado. (Breidenbach, Christopher) (Filed on 9/11/2026) (Entered: 09/11/2026)

RECAP
6 Sept. 11, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22450391.) filed by State of Colorado. (Noteboom, Carrie) (Filed on 9/11/2026) (Entered: 09/11/2026)

RECAP
7 Sept. 14, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22456399.) filed by State of Illinois. (Attachments: # 1 Certificate/Proof of Service)(Brinkman, Joanna) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
8 Sept. 14, 2026

Proposed Summons. (Mueller, Tara) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
9 Sept. 14, 2026

ORDER GRANTING 3 Motion for Leave to Appear Pro Hac Vice (Harris, Elizabeth). Signed by Magistrate Judge Ajay Krishnan on 9/14/2026. (kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
10 Sept. 14, 2026

NOTICE of Appearance filed by Heather Mudford Lewis on behalf of State of Calfornia (Lewis, Heather) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
11 Sept. 14, 2026

ORDER GRANTING 4 Motion for Leave to Appear Pro Hac Vice (Smith, Maggie). Signed by Magistrate Judge Ajay Krishnan on 9/14/2026. (kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
12 Sept. 14, 2026

ORDER GRANTING 5 Motion for Leave to Appear Pro Hac Vice (Breidenbach, Christopher). Signed by Magistrate Judge Ajay Krishnan on 9/14/2026.(kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
13 Sept. 14, 2026

ORDER GRANTING 6 Motion for Leave to Appear Pro Hac Vice (Noteboom, Carrie). Signed by Magistrate Judge Ajay Krishnan on 9/14/2026.(kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
14 Sept. 14, 2026

ORDER GRANTING 7 Motion for Leave to Appear Pro Hac Vice (Brinkman, Joanna). Signed by Magistrate Judge Ajay Krishnan. (kmm2, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
15 Sept. 14, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22459407.) Filing fee previously paid on 09/14/2026 filed by State of Oregon. (Attachments: # 1 Appendix)(Garrahan, Paul) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
16 Sept. 14, 2026

Summons Issued as to Doug Burgum, Kevin Lilly, Howard Lutnick, National Marine Fisheries Service, Timothy R. Petty, United States Fish And Wildlife Service, U.S. Attorney and U.S. Attorney General (msr, COURT STAFF) (Filed on 9/14/2026) (Entered: 09/14/2026)

RECAP
Sept. 14, 2026

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

17 Sept. 15, 2026

NOTICE of Appearance filed by Susana Aguilera on behalf of State of Calfornia (Aguilera, Susana) (Filed on 9/15/2026) (Entered: 09/15/2026)

RECAP
18 Sept. 15, 2026

NOTICE of Appearance filed by Laura Julie Zuckerman on behalf of State of Calfornia (Zuckerman, Laura) (Filed on 9/15/2026) (Entered: 09/15/2026)

RECAP
19 Sept. 15, 2026

NOTICE of Appearance filed by Coty Rae Montag on behalf of District of Columbia (Montag, Coty) (Filed on 9/15/2026) (Entered: 09/15/2026)

RECAP
20 Sept. 15, 2026

ORDER GRANTING 15 Motion for Leave to Appear Pro Hac Vice (Garrahan, Paul). Signed by Magistrate Judge Ajay Krishnan on 9/15/2026.(kmm2, COURT STAFF) (Filed on 9/15/2026) (Entered: 09/15/2026)

RECAP
Sept. 15, 2026

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

21 Sept. 17, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22477954.) filed by State of Rhode Island. (Vaz, Nicholas) (Filed on 9/17/2026) (Entered: 09/17/2026)

RECAP
22 Sept. 17, 2026

ORDER GRANTING 21 Motion for Leave to Appear Pro Hac Vice (Vaz, Nicholas). Signed by Magistrate Judge Ajay Krishnan.(kmm2, COURT STAFF) (Filed on 9/17/2026) (Entered: 09/17/2026)

RECAP
23 Sept. 17, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22480068.) filed by State of Wisconsin. (Attachments: # 1 Certificate of Good Standing)(Grzebielski, Kevin) (Filed on 9/17/2026) (Entered: 09/17/2026)

RECAP
24 Sept. 17, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22480127.) filed by State of Minnesota. (Attachments: # 1 Certificate of Good Standing)(Rios-Keating, Catherine) (Filed on 9/17/2026) (Entered: 09/17/2026)

RECAP
25 Sept. 18, 2026

ORDER GRANTING 24 Motion for Leave to Appear Pro Hac Vice (Rios-Keating, Catherine). Signed by Magistrate Judge Ajay Krishnan on 9/18/2026.(kmm2, COURT STAFF) (Filed on 9/18/2026) (Entered: 09/18/2026)

RECAP
26 Sept. 22, 2026

NOTICE by State of Washington of Pendency of Other Actions (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Harris, Elizabeth) (Filed on 9/22/2026) (Entered: 09/22/2026)

RECAP
27 Sept. 22, 2026

NOTICE by State of Washington (Attachments: # 1 Declaration, # 2 Proposed Order)(Harris, Elizabeth) (Filed on 9/22/2026) (Entered: 09/22/2026)

RECAP
28 Sept. 24, 2026

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by State of Calfornia.. (Loda, Jennifer) (Filed on 9/24/2026) (Entered: 09/24/2026)

RECAP
29 Sept. 25, 2026

ORDER GRANTING 23 Motion for Leave to Appear Pro Hac Vice (Grzebielski, Kevin). Signed by Magistrate Judge Ajay Krishnan on 9/25/2026.(kmm2, COURT STAFF) (Filed on 9/25/2026) (Entered: 09/25/2026)

RECAP
30 Sept. 25, 2026

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (kmm2, COURT STAFF) (Filed on 9/25/2026) (Entered: 09/25/2026)

RECAP
31 Sept. 25, 2026

ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Judge Rita F. Lin. Magistrate Judge Ajay S. Krishnan no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (amf, COURT STAFF) (Filed on 9/25/2026) (Entered: 09/25/2026)

RECAP
Sept. 25, 2026

Clerk's Notice of Impending Reassignment - Text Only

Sept. 25, 2026

Case Assigned/Reassigned

32 Sept. 28, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22517956.) filed by State of New York. (Attachments: # 1 Certificate of Good Standing)(Mirman-Heslin, Laura) (Filed on 9/28/2026) (Entered: 09/28/2026)

RECAP
33 Sept. 28, 2026

ORDER signed by Judge Rita F. Lin on 09/28/2026 granting 32 Motion for Pro Hac Vice for Laura Mirman-Heslin. (spp, COURT STAFF) (Filed on 9/28/2026) (Entered: 09/28/2026)

RECAP
34 Sept. 28, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22519410.) filed by State of Connecticut. (Salton, Daniel) (Filed on 9/28/2026) (Entered: 09/28/2026)

RECAP
35 Sept. 28, 2026

ORDER signed by Judge Rita F. Lin on 09/28/2026 granting 34 Motion for Pro Hac Vice for Daniel Salton. (spp, COURT STAFF) (Filed on 9/28/2026) (Entered: 09/28/2026)

RECAP
36 Sept. 29, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22523352.) filed by State of New Jersey. (Attachments: # 1 Exhibit Certificate of Good Standing)(Paccione, Alana) (Filed on 9/29/2026) (Entered: 09/29/2026)

RECAP
37 Sept. 29, 2026

ORDER signed by Judge Rita F. Lin on 09/29/2026 granting 36 Motion for Pro Hac Vice as to Alana Paccione. (spp, COURT STAFF) (Filed on 9/29/2026) (Entered: 09/29/2026)

RECAP
38 Sept. 30, 2026

ORDER RELATING CASE(S): This matter is related to Case No. 3:26-cv-07507-VC and Case No. 3:26-cv-07176-VC. Signed by Judge Vince Chhabria on 9/30/2026. (tl, COURT STAFF) (Filed on 9/30/2026) (Entered: 09/30/2026)

RECAP
39 Sept. 30, 2026

ORDER RELATING CASES - 3-26-10071-ASK, 3-26-07507-VC, and 3-26-07156-VC.. Signed by Judge Vince Chhabria on 9/30/2026. (tl, COURT STAFF) (Filed on 9/30/2026) (Entered: 09/30/2026)

RECAP
40 Oct. 1, 2026

ORDER REASSIGNING CASE IT IS ORDERED that this case is directly assigned to Judge Vince Chhabria. Judge Rita F. Lin no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (tke, COURT STAFF) (Filed on 10/1/2026) (Entered: 10/01/2026)

RECAP
Oct. 1, 2026

Case Assigned/Reassigned

41 Oct. 2, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number 5311914.) Filing fee previously paid on 10/2/2026 filed by State of Michigan. (Attachments: # 1 Exhibit Certificate of Good Standing)(Gambill, Nathan) (Filed on 10/2/2026) (Entered: 10/02/2026)

RECAP
42 Oct. 2, 2026

CLERKS NOTICE - REASSIGNED CASE - NOTICE OF NEW HEARING DATE:You are notified that the Court has scheduled an Initial Case Management Conference before Judge Vince Chhabria upon reassignment. For a copy of Judge Chhabria's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Joint Case Management Statement due by 10/9/2026. Initial Case Management Conference set for 10/16/2026 at 10:00 AM in San Francisco - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/vc Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at vccrd@cand.uscourts.gov no later than Friday, October 9, 2026, by no later than 12:00PM.Civ LR 77-3(d). Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://cand.uscourts.gov/zoom. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rfm, COURT USER) (Filed on 10/2/2026) (Entered: 10/02/2026)

RECAP
43 Oct. 2, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22542485.) filed by Commonwealth of Massachusetts. (Attachments: # 1 Supplement Certificate of Good Standing)(Hunton, Michele) (Filed on 10/2/2026) (Entered: 10/02/2026)

RECAP
44 Oct. 2, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22542674.) filed by Commonwealth of Massachusetts. (Attachments: # 1 Supplement Certificate of Good Standing)(Smith, Zeus) (Filed on 10/2/2026) (Entered: 10/02/2026)

RECAP
45 Oct. 2, 2026

Order GRANTING 43 Motion for Pro Hac Vice as to Michele Ann Hunton. Signed by Judge Vince Chhabria on 10/2/2026. (rfm, COURT USER) (Filed on 10/2/2026) (Entered: 10/02/2026)

RECAP
46 Oct. 2, 2026

Order GRANTING 41 Motion for Pro Hac Vice as to Nathan A. Gambill. Signed by Judge Vince Chhabria on 10/2/2026. (rfm, COURT USER) (Filed on 10/2/2026) (Entered: 10/02/2026)

RECAP
47 Oct. 2, 2026

Order GRANTING 44 Motion for Pro Hac Vice as to Zeus H. Smith. Signed by Judge Vince Chhabria on 10/2/2026. (rfm, COURT USER) (Filed on 10/2/2026) (Entered: 10/02/2026)

RECAP
Oct. 2, 2026

Clerk's Notice Setting Zoom Hearing

48 Oct. 5, 2026

First MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22546558.) filed by State of Maryland. (Attachments: # 1 Exhibit Certificate of Good Standing)(Goldstein, Steven) (Filed on 10/5/2026) (Entered: 10/05/2026)

RECAP
49 Oct. 5, 2026

Order by Judge Vince Chhabria granting 48 Motion for Pro Hac Vice as to Steven Goldstein. (bxs, COURT STAFF) (Filed on 10/5/2026) (Entered: 10/05/2026)

RECAP
50 Oct. 6, 2026

AMENDED COMPLAINT for Declaratory Relief against All Defendants. Filed by State of Calfornia. (Attachments: # 1 Exhibit Redline First Amended Complaint for Declaratory Relief)(Mueller, Tara) (Filed on 10/6/2026) (Entered: 10/06/2026)

1 Exhibit Redline First Amended Complaint for Declaratory Relief

View on RECAP

Clearinghouse
51 Oct. 6, 2026

Proposed Summons. (Mueller, Tara) (Filed on 10/6/2026) (Entered: 10/06/2026)

RECAP
52 Oct. 6, 2026

Proposed Summons. (Mueller, Tara) (Filed on 10/6/2026) (Entered: 10/06/2026)

RECAP
53 Oct. 6, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22556874.) filed by State of Hawaii. (Patel, Danica) (Filed on 10/6/2026) (Entered: 10/06/2026)

RECAP
54 Oct. 7, 2026

Order by Judge Vince Chhabria granting 53 Motion for Pro Hac Vice as to Danica Patel. (bxs, COURT STAFF) (Filed on 10/7/2026) (Entered: 10/07/2026)

RECAP
55 Oct. 7, 2026

NOTICE of Appearance filed by Alec Bowman on behalf of Doug Burgum, Kevin Lilly, Howard Lutnick, National Marine Fisheries Service, Timothy R. Petty, United States Fish And Wildlife Service (Bowman, Alec) (Filed on 10/7/2026) (Entered: 10/07/2026)

RECAP
56 Oct. 7, 2026

ANSWER to Amended Complaint by Doug Burgum, Kevin Lilly, Howard Lutnick, National Marine Fisheries Service, Timothy R. Petty, United States Fish And Wildlife Service. (Spatz, Michelle) (Filed on 10/7/2026) (Entered: 10/07/2026)

RECAP
57 Oct. 7, 2026

NOTICE by Doug Burgum, Kevin Lilly, Howard Lutnick, National Marine Fisheries Service, Timothy R. Petty, United States Fish And Wildlife Service Notice of Filing the Joint Administrative Record (Attachments: # 1 Exhibit Index of Administrative Record, # 2 Exhibit Administrative Record Documents, # 3 Exhibit U.S. Fish and Wildlife Service Certification, # 4 Exhibit National Marine Fisheries Service Certification)(Spatz, Michelle) (Filed on 10/7/2026) (Entered: 10/07/2026)

RECAP
58 Oct. 7, 2026

Summons Returned Unexecuted by State of Calfornia as to Doug Burgum, Kevin Lilly, Howard Lutnick, National Marine Fisheries Service, Timothy R. Petty, United States Fish And Wildlife Service. (Attachments: # 1 Summons)(Lewis, Heather) (Filed on 10/7/2026) (Entered: 10/07/2026)

1 Summons

View on RECAP

RECAP
59 Oct. 7, 2026

NOTICE of Appearance filed by Sara Warren on behalf of Doug Burgum, Kevin Lilly, Howard Lutnick, National Marine Fisheries Service, Timothy R. Petty, United States Fish And Wildlife Service (Warren, Sara) (Filed on 10/7/2026) (Entered: 10/07/2026)

RECAP
60 Oct. 7, 2026

MOTION for Summary Judgment filed by Doug Burgum, Kevin Lilly, Howard Lutnick, National Marine Fisheries Service, Timothy R. Petty, United States Fish And Wildlife Service. Motion for Summary Judgment Hearing set for 11/19/2026 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Vince Chhabria. Responses due by 10/21/2026. Replies due by 10/28/2026. (Warren, Sara) (Filed on 10/7/2026) (Entered: 10/07/2026)

Clearinghouse
Oct. 7, 2026

Electronic Filing Error

Oct. 7, 2026

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Oct. 7, 2026

Electronic filing error. This filing will not be processed by the clerks office. The Summons issued on September 14 2026 has not been returned. This summons must be returned executed or unexecuted executed by the serving party prior to a new summons being issued. This filing will not be processed by the clerks office. Re: 51 Proposed Summons filed by State of Calfornia, 52 Proposed Summons filed by State of Calfornia (dso, COURT STAFF) (Filed on 10/7/2026)

61 Oct. 9, 2026

Summons Issued as to Doug Burgum, Kevin Lilly, Howard Lutnick, National Marine Fisheries Service, Timothy R. Petty, United States Fish And Wildlife Service, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(dso, COURT STAFF) (Filed on 10/9/2026) (Entered: 10/09/2026)

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62 Oct. 9, 2026

ADMINISTRATIVE MOTION to Hold Briefing Schedule for Defendants' Motions for Summary Judgment in Abeyance filed by Commonwealth of Massachusetts, Commonwealth of Virginia, District of Columbia, State of Arizona, State of Calfornia, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. Responses due by 10/13/2026. (Attachments: # 1 Declaration, # 2 Proposed Order)(Loda, Jennifer) (Filed on 10/9/2026) (Entered: 10/09/2026)

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63 Oct. 9, 2026

JOINT CASE MANAGEMENT STATEMENT filed by Commonwealth of Massachusetts, Commonwealth of Virginia, District of Columbia, State of Arizona, State of Calfornia, State of Colorado, State of Connecticut, State of Delaware, State of Hawaii, State of Illinois, State of Maryland, State of Michigan, State of Minnesota, State of New Jersey, State of New Mexico, State of New York, State of Oregon, State of Rhode Island, State of Vermont, State of Washington, State of Wisconsin. (Loda, Jennifer) (Filed on 10/9/2026) (Entered: 10/09/2026)

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64 Oct. 13, 2026

OPPOSITION/RESPONSE (re 62 ADMINISTRATIVE MOTION to Hold Briefing Schedule for Defendants' Motions for Summary Judgment in Abeyance ) filed byDoug Burgum, Kevin Lilly, Howard Lutnick, National Marine Fisheries Service, Timothy R. Petty, United States Fish And Wildlife Service. (Spatz, Michelle) (Filed on 10/13/2026) (Entered: 10/13/2026)

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65 Oct. 13, 2026

ORDER. The plaintiffs' 62 administrative motion to hold the briefing schedule in abeyance is GRANTED. Signed by Judge Vince Chhabria on 10/13/2026. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vclc3, COURT STAFF) (Filed on 10/13/2026) (Entered: 10/13/2026)

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Oct. 13, 2026

Order on Administrative Motion per Civil Local Rule 7-11

66 Oct. 16, 2026

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-22604705.) filed by State of Arizona. (Proano, Anthony) (Filed on 10/16/2026) (Entered: 10/16/2026)

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67 Oct. 16, 2026

Minute Entry for proceedings held before Judge Vince Chhabria: Initial Case Management Conference held via Zoom on 10/16/2026. CASE REFERRED to randomly assigned Magistrate Judge for Discovery purposes. Court denied Motions for Summary Judgment (38 in 3:26-cv-07176-VC, 32 in 3:26-cv-07507-VC, and 60 in 3:26-cv-10071-VC) as premature for the reasons as stated on the record. Court ordered the briefs of the organizations be consolidated, with one summary judgment motion from the two organizations and one summary judgment motion from the States. Court ordered the Government's briefs to be consolidated, with one brief to be filed in response. Any supplemental complaints/motions to complete/supplement the administrative record due by 11/20/2026. Court does not anticipate granting any extensions to give additional time to sort out disputes about the administrative record. First brief due by 1/20/2027 and limited to 25 pages. Second brief due by 3/8/2027 and limited to 35 pages. Third brief due by 4/22/2027 and limited to 20 pages. Fourth brief due by 6/7/2027 and limited to 25 pages. Motion Hearing specially set for 6/23/2027 at 10:00 AM in San Francisco, Courtroom 03, 17th Floor before Judge Vince Chhabria.Zoom Recording Time: 10:04 - 10:34. Plaintiff Attorney: Pete Frost, Karli Uwaine (EPIC), Erica Pencak (Defenderws of Wildlife), Tara Mueller, Maggie Smith Michele Hunton, Steven Goldstein (State). Defendant Attorney: Sara Warren, Michelle Spatz, Alec Bowman. (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Date Filed: 10/16/2026) (Entered: 10/19/2026)

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Oct. 19, 2026

Case Management Conference - Initial AND Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment AND ~Util - Case Referred to Magistrate Judge for Discovery AND ~Util - Set Deadlines/Hearings

68 Oct. 21, 2026

Transcript of Proceedings held on October 16, 2026, before Judge Vince Chhabria. Court Reporter/Transcriber Velvet Quill Communications, telephone number info@velvetquill.com. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (44 in 3:26-cv-07176-VC) Transcript Order, ) Release of Transcript Restriction set for 1/19/2027. (Bazier, Jaquetta) (Filed on 10/21/2026)

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Oct. 23, 2026

CASE REFERRED to Magistrate Judge Alex G. Tse for Discovery. (shy, COURT STAFF) (Filed on 10/23/2026)

69 Oct. 26, 2026

Transcript Order

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Case Details

State / Territory:

California

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Sept. 9, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Twenty states plus the District of Columbia.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Assistant Secretary of Commerce for Oceans and Atmosphere and Deputy NOAA Administrator

Director of National Marine Fisheries Service

Director of United States Fish & Wildlife Service

National Marine Fisheries Service

Principal Deputy Assistant for Fish and Wildlife and Parks

Secreatry of the Department of the Interior

Secretary of Commerce

United States Fish & Wildlife Service

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

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

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

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

Other Dockets:

Northern District of California 3:26-cv-10071

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Threatened/endangered fauna

Recommended Citation