CALIFORNIA v. TRUMP

Case No. 4:19-cv-00872-HSG.

STATE OF CALIFORNIA, et al., Plaintiffs, v. DONALD J. TRUMP, President of the United States, in his official capacity, et al., Defendants.

United States District Court, N.D. California, Oakland Division.

October 21, 2019.

Editors Note
Applicable Law: 42 U.S.C. § 4321
Cause: 42 U.S.C. § 4321 Review of Agency Action - Environment
Nature of Suit: 890 Other Statutory Actions
Source: PACER


Attorney(s) appearing for the Case

State of California, Plaintiff, represented by Christine Chuang , California Department of Justice, Lee Isaac Sherman , California Department of Justice, Brian Jeffrey Bilford , California Attorney General's Office, Edward Henry Ochoa , Ofc Attorney General, Heather Colleen Leslie , Attorney General's Office, James F. Zahradka, II , California Department of Justice Bureau of Children's Justice, Janelle M. Smith , California State Attorney General's Office, Michael Phillip Cayaban , Ofc Attorney General, Noah Marc Golden-Krasner , California Department of Justice & Sparsh S. Khandeshi , California Department of Justice.

State of Colorado, Plaintiff, represented by Lee Isaac Sherman , California Department of Justice, Eric Reuel Olson , Office of the Attorney General, pro hac vice, Heather Colleen Leslie , Attorney General's Office & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Connecticut, Plaintiff, represented by Lee Isaac Sherman , California Department of Justice, Margaret Chapple , Connecticut Attorney General's Office & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Delaware, Plaintiff, represented by David Jay Lyons , Delaware Department of Justice, pro hac vice, Lee Isaac Sherman , California Department of Justice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Hawaii, Plaintiff, represented by Lee Isaac Sherman , California Department of Justice, Heather Colleen Leslie , Attorney General's Office, Robert Tadao Nakatsuji , Department of the Attorney General, pro hac vice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Maine, Plaintiff, represented by Lee Isaac Sherman , California Department of Justice, Susan P. Herman , Office of the Attorney General Litigation Division, pro hac vice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Minnesota, Plaintiff, represented by Lee Isaac Sherman , California Department of Justice, Jacob Daniel Campion , Office of Minnesota Attorney General, pro hac vice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of New Jersey, Plaintiff, represented by Jeremy Feigenbaum , Assistant Attorney General New Jersey Attorney Generals Office, pro hac vice, Lee Isaac Sherman , California Department of Justice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of New Mexico, Plaintiff, represented by Lee Isaac Sherman , California Department of Justice, Matthew L. Garcia , Governor's General Counsel, Heather Colleen Leslie , Attorney General's Office, Tania Maestas , NM Office of the Attorney General, pro hac vice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Nevada, Plaintiff, represented by Heidi Parry Stern , Solicitor General Office of the Nevada Attorney General, pro hac vice, Lee Isaac Sherman , California Department of Justice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of New York, Plaintiff, represented by Lee Isaac Sherman , California Department of Justice, Matthew Colangelo , Chief Counsel for Federal Initiatives Office of the New York State Attorney General, pro hac vice, Amanda Meyer , New York Office of the Attorney General, pro hac vice, Gavin Geraghty McCabe , New York State Office of Attorney General, Heather Colleen Leslie , Attorney General's Office & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Oregon, Plaintiff, represented by Jeanne Nicole DeFever , Oregon Dept of Justice, Lee Isaac Sherman , California Department of Justice, Heather Colleen Leslie , Attorney General's Office, Henry Kantor , Oregon Department of Justice, pro hac vice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

Commonwealth of Virginia, Plaintiff, represented by Lee Isaac Sherman , California Department of Justice, Michelle S. Kallen , Office of the Attorney General, Zachary Ryland Glubiak , Office of the Attorney General, Heather Colleen Leslie , Attorney General's Office & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Illinois, Plaintiff, represented by Caleb Andrew Rush , Office of the Attorney General, Lee Isaac Sherman , California Department of Justice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Maryland, Plaintiff, represented by Jeffrey Paul Dunlap , Maryland Office of the Attorney General, pro hac vice, Lee Isaac Sherman , California Department of Justice, Heather Colleen Leslie , Attorney General's Office & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

Attorney General Dana Nessel, on behalf of the People of Michigan, Plaintiff, represented by B. Eric Restuccia , Michigan Department of Attorney General, pro hac vice, Lee Isaac Sherman , California Department of Justice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Wisconsin, Plaintiff, represented by Gabe Johnson-Karp , pro hac vice, Heather Colleen Leslie , Attorney General's Office, Lee Isaac Sherman , California Department of Justice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

Commonwealth of Massachusetts, Plaintiff, represented by Abigail Taylor , Massachusetts Office of the Attorney General, pro hac vice, Lee Isaac Sherman , California Department of Justice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Vermont, Plaintiff, represented by Benjamin Daniel Battles , Office of the Attorney General, pro hac vice, Lee Isaac Sherman , California Department of Justice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

State of Rhode Island, Plaintiff, represented by Justin James Sullivan , Rhode Island Office of the Attorney General, pro hac vice, Lee Isaac Sherman , California Department of Justice & James F. Zahradka, II , California Department of Justice Bureau of Children's Justice.

Donald J. Trump, in his official capacity as President of the United States of America, United States of America, Department of Defense, Mark T. Esper, in his official capacity as Acting Secretary of Defense, Richard V. Spencer, in his official capacity as Secretary of the Navy, Heather Wilson, in her official capacity as Secretary of the Air Force, U.S. Department of the Treasury, Steven T. Mnuchin, in his official capacity as Secretary of the Department of the Treasury, U.S. Department of the Interior, David Bernhardt, in his official capacity as Acting Secretary of the Interior, U.S. Department of Homeland Security, Ryan D. McCarthy, in his official capacity as Acting Secretary of the Army & Kevin K. McAleenan, in his official capacity as Acting Secretary of Homeland Security, Defendants, represented by Andrew Irwin Warden , U.S. Department of Justice, Civil Division, Eric Grant , U.S. Department of Justice Environment and Natural Resources Division, James Mahoney Burnham , United States Department of Justice & Rachael Westmoreland , U.S. Department of Justice.

Stephen I. Vladeck, Defendant, represented by Elizabeth B. Wydra , Constitutional Accountability Center & Rachael Westmoreland , U.S. Department of Justice.

Federal Courts Scholars, Defendant, represented by Elizabeth B. Wydra , Constitutional Accountability Center.

Sierra Club & Southern Border Communities Coalition, Movants, represented by Cecillia Derphine Wang , American Civil Liberties Union Foundation.

United States House of Representatives, Amicus, represented by Douglas N. Letter , U.S. House of Representatives Office of General Counsel.

Christopher Shays, Christine Todd Whitman, Peter Keisler, Carter Phillips, John Bellinger, III & Stanley Twardy, Amicuss, represented by David W. Evans , Haight Brown & Bonesteel LLP, Richard Mancino , Willkie Farr and Gallagher LLP, pro hac vice, Howard Michael Garfield , Haight, Brown, & Bonesteel, Richard D. Bernstein , Willkie Farr and Gallagher LLP, pro hac vice & Shaimaa M. Hussein , Willkie Farr Gallagher LLP, pro hac vice.

Richard Bernstein, Amicus, represented by David W. Evans , Haight Brown & Bonesteel LLP, Richard Mancino , Willkie Farr and Gallagher LLP, pro hac vice, Howard Michael Garfield , Haight, Brown, & Bonesteel & Shaimaa M. Hussein , Willkie Farr Gallagher LLP, pro hac vice.

Richard D. Bernstein, Amicus, pro se.

Amici Curiae Former Members of Congress, Amicus, represented by Douglas Andrew Winthrop , Arnold & Porter LLP & Gary T. Lafayette , Lafayette & Kumagai LLP.

58 Religious Organizations, Amicus, represented by Brian H. Chun , Lafayette & Kumagai LLP, Gary T. Lafayette , Lafayette & Kumagai LLP, Adeel A. Mangi , Patterson Belknap Webb & Tyler LLP, pro hac vice, Mohammed Amir Badat , Patterson Belknap Webb and Tyler LLP, pro hac vice & Steven A. Zalesin , Patterson Belknap Webb and Tyler LLP, pro hac vice.

National Immigration Law Center, Asian Americans Advancing Justice-AAJC, Asian Americans Advancing Justice - Los Angeles, AALDEFF, Black Alliance For Just Immigration & LatinoJustice PRLDEF, Amicuss, represented by Nicholas David Espiritu , National Immigration Law Center.

Erwin Chemerinsky, Michael C. Dorf & David A. Strauss, Amicuss, represented by Elizabeth B. Wydra , Constitutional Accountability Center.

Former U.S. Government Officials, Amicus, represented by Kathleen R. Hartnett , Boies Schiller Flexner LLP, Harold Hongju Koh , Yale Law School Rule of Law Clinic & Phillip Michael Spector , Messing and Spector LLP.

American Center for Law and Justice, Amicus, represented by Benjamin Paul Sisney , American Center for Law and Justice, pro hac vice & Robert Henry Tyler , Tyler & Bursch, LLP.

Iraq and Afghanistan Veterans of America, Amicus, represented by Mark R. Conrad , Conrad & Metlitzky LLP.


ORDER GRANTING CONSENT MOTION OF FORMER U.S. GOVERNMENT OFFICIALS FOR LEAVE TO FILE MEMORANDUM AS AMICI CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT

Upon consideration of the motion of Former U.S. Government Officials for leave to file as...

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