State of Washington, et al v. US Dep't of HUD, et al
| STATE OF WASHINGTON, STATE OF NEW YORK, STATE OF RHODE ISLAND, STATE OF ARIZONA, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, DISTRICT OF COLUMBIA, STATE OF ILLINOIS, OFFICE OF THE GOVERNOR EX REL. ANDREW BESHEAR, in the official capacity as Governor of the Commonwealth of Kentucky, STATE OF MAINE, STATE OF MARYLAND, COMMONWEALTH OF MASSACHUSETTS, STATE OF MICHIGAN, STATE OF MINNESOTA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF OREGON, GOVERNOR JOSH SHAPIRO, in the capacity as Governor of the Commonwealth of Pennsylvania, STATE OF VERMONT, COMMONWEALTH OF VIRGINIA and STATE OF WISCONSIN |
| US DEPT OF HOUSING & URBAN DEVELOPMENT and ERIC SCOTT TURNER, in the official capacity as Secretary of the United States Department of Housing and Urban Development |
| 26-1922 |
| August 14, 2026 |
| U.S. Court of Appeals, First Circuit |
| Other Statutes |
Opinions
We have the following opinions for this case:
| Description |
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 State of Washington v. US Dep't of HUD
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Docket Report
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This docket was last retrieved on September 24, 2026. A more recent docket listing may be available from PACER.
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MANDATE issued. [26-1922, 26-1923] (ATC) [Entered: 09/24/2026 05:00 PM]
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JUDGMENT entered by Lara E. Montecalvo, Appellate Judge; Seth Robert Aframe, Appellate Judge; and Joshua D. Dunlap, Appellate Judge. Vacated and Remanded. [26-1922, 26-1923] (ATC) [Entered: 09/24/2026 02:17 PM]
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RESPONSE filed by Appellants HUD and Eric Scott Turner to motion [ # 6845545-2 ]. Served on 09/23/2026. [26-1922] (SCG) [Entered: 09/23/2026 04:28 PM]
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CASE submitted. Panel: Lara E. Montecalvo, Appellate Judge; Seth Robert Aframe, Appellate Judge; Joshua D. Dunlap, Appellate Judge. [26-1922, 26-1923] (KPC) [Entered: 10/02/2026 05:47 PM]
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ORDER entered. State plaintiffs-appellees have filed in this court a "Joinder to Emergency Motion for Summary Vacatur and Remand." Defendants-appellants shall file their response no later than Wednesday, September 23, 2026, at 5:00 p.m. [26-1922] (GB) [Entered: 09/22/2026 04:29 AM]
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MOTION and PLAINTIFFS-APPELLEES' JOINDER TO EMERGENCY MOTION FOR SUMMARY VACATUR AND REMAND filed by Appellees Andrew Beshear, Commonwealth of Massachusetts, Commonwealth of Virginia, District of Columbia, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, 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 and State of Wisconsin. Served on 09/21/2026. [26-1922] (ARH) [Entered: 09/21/2026 05:21 PM]
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NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Zane Muller. Served on 09/18/2026. [26-1922] (ZM) [Entered: 09/18/2026 03:15 PM]
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ORDER entered by Lara E. Montecalvo, Appellate Judge; Seth Robert Aframe, Appellate Judge; and Joshua D. Dunlap, Appellate Judge: Defendants-Appellants U.S. Department of Housing and Urban Development, et al. ("HUD"), seek a stay pending appeal of an order granting summary judgment to Plaintiffs- Appellees (a collection of States and other interested parties) on their claim that HUD wrongfully failed to engage in notice and comment procedures prior to issuing a Notice of Funding Opportunity ("NOFO") that set aside $1.3 billion to be awarded for transitional housing and "supportive service only" projects under the Continuum of Care program. In reviewing the motion for stay pending appeal, we apply the familiar standard set forth in Nken v. Holder , 556 U.S. 418, 426 (2009). After careful review of the parties' briefs and supplemental submissions, we conclude that HUD has met its burden to show its entitlement to a stay pending appeal. HUD has made a strong showing that it is likely to succeed on the merits of its challenge to the district court's holding that the set-aside in the NOFO was subject to notice and comment requirements pursuant to 42 U.S.C. 11386b(d). That holding turned on the district court's determination that the set-aside constitutes a "bonus or other incentive[]" under that provision. We conclude that HUD is likely to succeed on the argument that the set-aside is not a "bonus or other incentive[]" as that term is used in 11386b(d). We further conclude that HUD would suffer irreparable injury absent a stay, given that HUD only has until December 1, 2026 to make awards to applicants for Continuum of Care funds. See Consolidated Appropriations Act, Pub. L. No. 119-75, 140 Stat. 173, 400 (2026). Although HUD is likely to succeed on the merits, it would be unable to implement the NOFO in a timely manner -- thereby creating funding gaps -- unless a stay enters. Accordingly, the motion for stay pending appeal is granted . [26-1922, 26-1923] (AVN) [Entered: 09/16/2026 03:44 PM]
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NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Colleen K. Faherty for State of New York and Stephen R. Kovatis for Josh Shapiro. [26-1922] (ATC) [Entered: 09/15/2026 02:25 PM]
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LETTER regarding recent development relevant to Defendants-Appellants pending motion to stay the lower courts order pending appeal filed by Attorney Cristina Sepe for Appellee State of Washington. Served on 09/11/2026. [26-1922] (CS) [Entered: 09/11/2026 04:06 PM]
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REPLY filed by Appellants HUD and Eric Scott Turner to response [ # 6840019-2 ]. Served on 09/04/2026. [26-1922] (SCG) [Entered: 09/04/2026 12:27 PM]
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NOTICE of appearance on behalf of Appellee Commonwealth of Virginia filed by Attorney Megan C. Keenan. Served on 09/02/2026. [26-1922] (MCK) [Entered: 09/02/2026 03:28 PM]
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NOTICE of appearance on behalf of Appellee Josh Shapiro filed by Attorney Michael J. Fischer. Served on 09/02/2026. [26-1922] (MJF) [Entered: 09/02/2026 08:51 AM]
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RESPONSE filed by Appellees Andrew Beshear, Commonwealth of Massachusetts, Commonwealth of Virginia, District of Columbia, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, 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 and State of Wisconsin to order [ # 6838028-2 ], order [ # 6838028-3 ], response [ # 6838943-2 ]. Served on 09/02/2026. [26-1922] (ARH) [Entered: 09/02/2026 04:24 PM]
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NOTICE of appearance on behalf of Appellee State of New Mexico filed by Attorney Anjana Samant. Served on 09/02/2026. [26-1922] (AS) [Entered: 09/02/2026 05:28 PM]
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NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Aliana Claire Knoepfler. Served on 09/01/2026. [26-1922] (ACK) [Entered: 09/01/2026 01:12 PM]
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RESPONSE filed by Appellants HUD and Eric Scott Turner to order [ # 6838028-2 ], order [ # 6838028-3 ]. Served on 08/31/2026. [26-1922] (SCG) [Entered: 08/31/2026 04:11 PM]
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NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Michael Benjamin Bruns for HUD and Eric Scott Turner, William Y. Durbin for State of Arizona, Samantha Hall for District of Columbia, Nicole Suzanne Hill for District of Columbia, Robin Jacobs for State of Delaware, Megan C. Keenan for Commonwealth of Virginia, Elena S. Meth for State of Illinois, Nora Q.E. Passamaneck for State of Colorado, Aleeza M. Strubel for State of Illinois and Stephen Thompson for State of New York. [26-1922] (ATC) [Entered: 08/31/2026 10:57 AM]
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NOTICE of appearance on behalf of Appellee State of Wisconsin filed by Attorney Faye B. Hipsman. Served on 08/28/2026. [26-1922] (FBH) [Entered: 08/28/2026 02:47 PM]
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NOTICE of appearance on behalf of Appellee Commonwealth of Virginia filed by Attorney Tillman J. Breckenridge. Served on 08/28/2026. [26-1922] (TJB) [Entered: 08/28/2026 11:30 AM]
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ORDER entered by Lara E. Montecalvo, Appellate Judge; Seth Robert Aframe, Appellate Judge; and Joshua D. Dunlap, Appellate Judge: Defendants-appellants have filed in this court an "Emergency Motion for Stay Pending Appeal." The parties are directed to file supplemental memoranda addressing the following questions: (1) Does 42 U.S.C. 11382(a) provide the Secretary with discretion to make a set-aside of Continuum of Care funds so long as there are sufficient funds to comply with the congressionally mandated set-asides under 42 U.S.C. 11386b(a) & (b)? (2) What is meant by "bonuses or other incentives" as that term is used in 42 U.S.C. 11386b(d)(1)? Further, identify any regulations, policies, guidances, or other documents explaining how such "bonuses or other incentives" are provided. Defendants-appellants shall file their supplemental memorandum no later than Monday, August 31, 2026, by 5:00 p.m.; Plaintiffs-appellees shall file their supplemental response by 5:00 p.m. within two days thereafter; Defendants-appellants shall file any supplemental reply by 5:00 p.m. within two days after the supplemental response is filed. [26-1922] (ATC) [Entered: 08/27/2026 03:44 PM]
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REPLY filed by Appellants HUD and Eric Scott Turner to response [ # 6836425-2 ]. Served on 08/24/2026. [26-1922] (SCG) [Entered: 08/24/2026 01:27 PM]
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NOTICE of appearance on behalf of Appellee State of Vermont filed by Attorney Jonathan T. Rose. Served on 08/24/2026. [26-1922] (JTR) [Entered: 08/24/2026 09:23 AM]
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NOTICE of appearance on behalf of Appellee District of Columbia filed by Attorney Caroline S. Van Zile. Served on 08/23/2026. [26-1922] (CSV) [Entered: 08/23/2026 08:18 PM]
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NOTICE of appearance on behalf of Appellee State of New Jersey filed by Attorney Daniel Resler. Served on 08/21/2026. [26-1922] (DPR) [Entered: 08/21/2026 04:55 PM]
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NOTICE of appearance on behalf of Appellee State of Colorado filed by Attorney David Moskowitz. Served on 08/21/2026. [26-1922] (DM) [Entered: 08/21/2026 05:21 PM]
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NOTICE of appearance on behalf of Appellee State of New York filed by Attorney Rabia Muqaddam. Served on 08/21/2026. [26-1922] (RM) [Entered: 08/21/2026 04:47 PM]
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NOTICE of appearance on behalf of Appellee State of Connecticut filed by Attorney Andrew M. Ammirati. Served on 08/21/2026. [26-1922] (AMA) [Entered: 08/21/2026 01:02 PM]
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RESPONSE filed by Appellees Andrew Beshear, Commonwealth of Massachusetts, Commonwealth of Virginia, District of Columbia, Josh Shapiro, State of Arizona, State of California, State of Colorado, State of Connecticut, State of Delaware, State of Illinois, State of Maine, 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 and State of Wisconsin to motion to stay [ # 6834461-2 ]. Served on 08/21/2026. [26-1922] (ARH) [Entered: 08/21/2026 03:15 PM]
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NOTICE of appearance on behalf of Appellee State of Minnesota filed by Attorney Brian S. Carter. Served on 08/19/2026. [26-1922] (BSC) [Entered: 08/19/2026 02:06 PM]
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NOTICE of appearance on behalf of Appellee State of Delaware filed by Attorney Ian R. Liston. Served on 08/19/2026. [26-1922] (IRL) [Entered: 08/19/2026 09:14 AM]
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DOCKETING statement filed by Appellants HUD and Eric Scott Turner. Served on 08/17/2026. [26-1922] (SCG) [Entered: 08/17/2026 11:37 AM]
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NOTICE of appearance on behalf of Appellee State of Illinois filed by Attorney Sarah A. Hunger. Served on 08/17/2026. [26-1922] (SAH) [Entered: 08/17/2026 12:08 PM]
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ORDER entered: Defendants-appellants have filed in this court an "Emergency Motion for Stay Pending Appeal." Plaintiffs-appellees shall file a response no later than Friday, August 21, 2026, at 5:00 p.m. Defendants-appellants shall file any reply no later than Monday, August 24, 2026, at 5:00 p.m. The court intends to rule promptly on the matter. [26-1922] (ATC) [Entered: 08/17/2026 10:00 AM]
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CORRECTED* ORDER entered: Defendants-appellants have filed in this court an "Emergency Motion for Stay Pending Appeal." Plaintiffs-appellees shall file a response no later than Friday, August 21, 2026, at 5:00 p.m. Defendants-appellants shall file any reply no later than Monday, August 24, 2026, at 5:00 p.m. The court intends to rule promptly on the matter. *Corrected order issued to correct the date of the order. [26-1922] (ATC) [Entered: 08/17/2026 10:08 AM]
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NOTICE of appearance on behalf of Appellee Andrew Beshear filed by Attorney Steven Travis Mayo. Served on 08/17/2026. [26-1922] (STM) [Entered: 08/17/2026 10:08 AM]
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TRANSCRIPT report/order form filed by Appellants HUD and Eric Scott Turner indicating transcripts are not necessary for this appeal. Served on 08/17/2026. [26-1922] (SCG) [Entered: 08/17/2026 11:36 AM]
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NOTICE of appearance on behalf of Appellee State of Rhode Island filed by Attorney Jordan Mickman. Served on 08/17/2026. [26-1922] (JGM) [Entered: 08/17/2026 01:28 PM]
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NOTICE of appearance on behalf of Appellee State of Rhode Island filed by Attorney Leonard Giarrano IV. Served on 08/17/2026. [26-1922] (LG) [Entered: 08/17/2026 12:10 PM]
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NOTICE of appearance on behalf of Appellee State of Arizona filed by Attorney Hayleigh Crawford. Served on 08/17/2026. [26-1922] (HSC) [Entered: 08/17/2026 02:11 PM]
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NOTICE of appearance on behalf of Appellee State of Maine filed by Attorney Katherine Thompson. Served on 08/17/2026. [26-1922] (KT) [Entered: 08/17/2026 03:51 PM]
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NOTICE of appearance on behalf of Appellee State of Michigan filed by Attorney Neil Giovanatti. Served on 08/17/2026. [26-1922] (NG) [Entered: 08/17/2026 04:35 PM]
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NOTICE of appearance on behalf of Appellee State of New York filed by Attorney Judith N. Vale. Served on 08/17/2026. [26-1922] (JNV) [Entered: 08/17/2026 05:16 PM]
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NOTICE of appearance on behalf of Appellee State of California filed by Attorney Jarrell Mitchell. Served on 08/17/2026. [26-1922] (JM) [Entered: 08/17/2026 07:31 PM]
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NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Cristina Sepe. Served on 08/14/2026. [26-1922] (CS) [Entered: 08/14/2026 01:50 PM]
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NOTICE of appearance on behalf of Appellee State of Vermont filed by Attorney Samuel B. Stratton. Served on 08/14/2026. [26-1922] (SBS) [Entered: 08/14/2026 11:11 AM]
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NOTICE of appearance on behalf of Appellee State of Washington filed by Attorney Andrew R. W. Hughes. Served on 08/14/2026. [26-1922] (ARH) [Entered: 08/14/2026 01:44 PM]
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NOTICE of appearance on behalf of Appellants HUD and Eric Scott Turner filed by Attorney Sarah Clark Griffin. Served on 08/14/2026. [26-1922] (SCG) [Entered: 08/14/2026 11:07 AM]
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NOTICE of appearance on behalf of Appellee Commonwealth of Massachusetts filed by Attorney Michelle Rita Pascucci. Served on 08/14/2026. [26-1922] (MRP) [Entered: 08/14/2026 02:04 PM]
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NOTICE of appearance on behalf of Appellee State of Maryland filed by Attorney James C. Luh. Served on 08/14/2026. [26-1922] (JCL) [Entered: 08/14/2026 02:26 PM]
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EMERGENCY MOTION to stay decision pending appeal filed by Appellants HUD and Eric Scott Turner. Served on 08/14/2026. [26-1922] CLERK'S NOTE: Docket entry was edited to modify the docket text. (SCG) [Entered: 08/14/2026 04:17 PM]
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NOTICE of appearance on behalf of Appellee State of Oregon filed by Attorney Robert Koch. Served on 08/14/2026. [26-1922] (RAK) [Entered: 08/14/2026 07:14 PM]
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CIVIL CASE docketed. Notice of appeal (doc. #43) filed by Appellants Eric Scott Turner and HUD. Docketing Statement and Appearance form due 08/28/2026 . [26-1922] (ATC) [Entered: 08/14/2026 11:11 AM]
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