Sierra Club, et al v. Donald Trump, et al
| STEVEN TERNER MNUCHIN, in his official capacity as Secretary of the Treasury, DONALD J. TRUMP, in his official capacity as President of the United States, MARK T. ESPER, in his official capacity as Acting Secretary of Defense and KEVIN K. MCALEENAN, in his official capacity as Acting Secretary of Homeland Security |
| STATE OF WISCONSIN, STATE OF OREGON, STATE OF CALIFORNIA, STATE OF HAWAII, STATE OF COLORADO, STATE OF MARYLAND, STATE OF NEW MEXICO, STATE OF VIRGINIA, STATE OF NEW YORK and ANDY BARR, U.S. Representative |
| SIERRA CLUB and SOUTHERN BORDER COMMUNITIES COALITION |
| 19-17501 |
| December 16, 2019 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
|---|
 Sierra Club v. Trump
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SIERRA CLUB V. JOSEPH R. BIDEN
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Docket Report
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This docket was last retrieved on February 13, 2020. A more recent docket listing may be available from PACER.
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| Filing 46 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, Commonwealth of Virginia and State of Wisconsin in 19-17502. Date of service: 02/13/2020. [11597379] [19-17501, 19-17502, 20-15044] (Leslie, Heather) [Entered: 02/13/2020 08:39 PM] |
| Filing 45 Submitted (ECF) Answering Brief for review. Submitted by Appellees State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, Commonwealth of Virginia and State of Wisconsin in 19-17502. Date of service: 02/13/2020. [11597375] [19-17501, 19-17502, 20-15044] (Leslie, Heather) [Entered: 02/13/2020 08:29 PM] |
| Filing 44 Submitted (ECF) supplemental excerpts of record. Submitted by Appellees Sierra Club and Southern Border Communities Coalition in 19-17501. Date of service: 02/13/2020. [11597348] [19-17501, 19-17502, 20-15044] (Ladin, Dror) [Entered: 02/13/2020 06:01 PM] |
| Filing 43 Submitted (ECF) Answering Brief for review. Submitted by Appellees Sierra Club and Southern Border Communities Coalition in 19-17501. Date of service: 02/13/2020. [11597346] [19-17501, 19-17502, 20-15044] (Ladin, Dror) [Entered: 02/13/2020 05:58 PM] |
| Filing 42 Notice of Oral Argument on Tuesday, March 10, 2020 - 4:00 P.M. - Courtroom 1 - San Francisco CA. View the Oral Argument Calendar for your case # here . Be sure to review the # GUIDELINES for important information about your hearing, including when to arrive (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the # ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 21 days before Tuesday, March 10, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[11589841]. [Array, 19-17501, 19-17502, 20-15044] (AW) [Entered: 02/07/2020 01:38 PM] |
| Filing 41 Filed clerk order (Deputy Clerk: AF): Oral argument in this case will be held at 4:00 p.m., Tuesday, March 10, 2020, in Courtroom One at the James R. Browning United States Courthouse, 95 7th Street, San Francisco, California. [11589494] [19-17501, 19-17502, 20-15044] (AF) [Entered: 02/07/2020 11:00 AM] |
| Filing 40 Received 6 paper copies of Amicus Brief [ # 37 ] filed by Andy Barr. (sent to panel) [11585196] [19-17501, 19-17502, 20-15044] (SD) [Entered: 02/04/2020 02:39 PM] |
| Filing 39 Filed clerk order: The amicus brief [ # 37 ] submitted by U.S. Representative Andy Barr is filed. Amicus is ordered to file 6 copies of the brief in paper format for delivery to the Court by 5:00 p.m. Pacific Time on Tuesday, February 4, 2020, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: green. The paper copies shall be submitted to the principal office of the Clerk. [11581583] [19-17501, 19-17502, 20-15044] (LA) [Entered: 01/31/2020 04:41 PM] |
| Filing 38 Entered appearance of Amicus Curiae U.S. Representative Andy Barr in 19-17501, 19-17502 and 20-15044. [11581579] [19-17501, 19-17502, 20-15044] (LA) [Entered: 01/31/2020 04:39 PM] |
| Filing 37 Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by U.S. Rep. Andy Barr. Date of service: 01/31/2020. [11581550] [19-17501, 19-17502, 20-15044] (Joseph, Lawrence) [Entered: 01/31/2020 04:28 PM] |
| Filing 36 Received 6 paper copies of First Brief on Cross-Appeal [ # 30 ] filed by Appellants/Cross-Appellees. (sent to panel) [11578844] [19-17501, 19-17502, 20-15044] (SD) [Entered: 01/29/2020 04:28 PM] |
| Filing 35 Received 3 paper copies of excerpts of record [ # 31 ], [ # 11573684-2 ] in 3 volume(s) filed by Appellants/Cross-Appellees. (sent to panel) [11578206] [19-17501, 19-17502, 20-15044] (LA) [Entered: 01/29/2020 12:22 PM] |
| Filing 34 Filed clerk order: The first brief on cross-appeal [ # 30 ], [ # 11573665-2 ] submitted by appellants/cross-appellees is filed. Appellants/cross-appellees are ordered to file 6 copies of the brief in paper format for delivery to the Court by 5:00 p.m. Pacific Time on Wednesday, January 29, 2020, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 31 ], [ # 11573684-2 ] submitted by appellants/cross-appellees are filed. Appellants/cross-appellees are ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers, for delivery to the Court by 5:00 p.m. Pacific Time on Wednesday, January 29, 2020. The paper copies shall be submitted to the principal office of the Clerk. [11575204] [19-17501, 19-17502, 20-15044] (LA) [Entered: 01/27/2020 12:56 PM] |
| Filing 33 COURT DELETED INCORRECT ENTRY. Entered in error. Notice about deletion sent to case participants registered for electronic filing. [11574040]. [Array, 19-17501, 19-17502, 20-15044] (AW) [Entered: 01/24/2020 03:08 PM] |
| Filing 32 Filed order (SIDNEY R. THOMAS, KIM MCLANE WARDLAW and DANIEL PAUL COLLINS) Defendants have filed a motion to consolidate case No. 19-17501 with the Defendants appeal and the States cross-appeal in case Nos. 19-17502 & 20-15044, to revise the Courts briefing schedules, and to address the oral argument calendar. Plaintiffs have filed separate responses. Both request that oral argument be scheduled for the March calendar, and the States propose their own modified briefing schedule. The Court grants Defendants motion to consolidate the cases for the purposes of oral argument and briefing. The Court also vacates its prior briefing schedule and adopts the States modified proposed briefing schedule. Defendants opening brief is due January 24, 2020. Sierra Club Case plaintiffs response brief and the States combined response brief and opening brief on cross-appeal are due February 13, 2020. Defendants combined reply brief and response brief on cross-appeal is due on February 27, 2020. The States optional reply brief on cross-appeal is due on March 2, 2020. Oral argument is scheduled for the week of March 9, 2020. The date and time will be scheduled at a later date. The Court continues to have the pending emergency motion to lift the stay pending appeal under advisement. [11573917] [19-17501, 19-17502, 20-15044] (OC) [Entered: 01/24/2020 02:35 PM] |
| Filing 31 Submitted (ECF) excerpts of record. Submitted by Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump. Date of service: 01/24/2020. [11573656] [19-17501]--[COURT UPDATE: Attached corrected excerpts. 01/27/2020 by LA] (Himmelfarb, Edward) [Entered: 01/24/2020 01:01 PM] |
| Filing 30 Submitted (ECF) First Brief on Cross-Appeal for review. Submitted by Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Donald J. Trump and Steven Terner Mnuchin. Date of service: 01/24/2020. [11573644] [19-17501]--[COURT UPDATE: Updated docket text to correct brief type. 01/27/2020 by LA] (Himmelfarb, Edward) [Entered: 01/24/2020 12:56 PM] |
| Filing 29 Added Attorney(s) Michael Shih for party(s) Appellant Kevin K. McAleenan Appellant Mark T. Esper Appellant Steven Terner Mnuchin Appellant Donald J. Trump, in case 19-17501. [11573436] (CW) [Entered: 01/24/2020 11:44 AM] |
| Filing 28 Filed (ECF) notice of appearance of Michael Shih (U.S. Dep't of Justice, Civil Division, Appellate Staff, 950 Pennsylvania Avenue NW, Room 7268, Washington, DC 20530) for Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump. Date of service: 01/24/2020. (Party was previously proceeding with counsel.) [11573354] [19-17501] (Shih, Michael) [Entered: 01/24/2020 11:28 AM] |
| Filing 27 Filed (ECF) Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump Correspondence: Copy of notice and declaration filed in district court regarding construction authorized under 10 U.S.C. 2808.. Date of service: 01/23/2020 [11572628] [19-17501] (Byron, H. Thomas) [Entered: 01/23/2020 05:45 PM] |
| Filing 26 Filed (ECF) Appellees Sierra Club and Southern Border Communities Coalition reply to response (). Date of service: 01/17/2020. [11566350] [19-17501] (Ladin, Dror) [Entered: 01/17/2020 01:35 PM] |
| Filing 25 Filed (ECF) Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump reply to response (). Date of service: 01/16/2020. [11564303] [19-17501] (Himmelfarb, Edward) [Entered: 01/16/2020 08:27 AM] |
| Filing 24 Filed (ECF) Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump response opposing motion ([ # 18 ] Motion (ECF Filing), [ # 18 ] Motion (ECF Filing), [ # 21 ] Motion (ECF Filing), [ # 21 ] Motion (ECF Filing)). Date of service: 01/15/2020. [11563624] [19-17501] (Byron, H. Thomas) [Entered: 01/15/2020 02:14 PM] |
| Filing 23 Filed (ECF) Appellees Sierra Club and Southern Border Communities Coalition response to motion ([ # 22 ] Motion (ECF Filing), [ # 22 ] Motion (ECF Filing), [ # 22 ] Motion (ECF Filing)). Date of service: 01/15/2020. [11562901] [19-17501] (Ladin, Dror) [Entered: 01/15/2020 09:46 AM] |
| Filing 22 Filed (ECF) Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump Motion to consolidate cases 19-17501-, 19-17502, 20-15044, Motion for miscellaneous relief [revise briefing schedules and set oral argument date]. Date of service: 01/14/2020. [11561797] [19-17501] (Himmelfarb, Edward) [Entered: 01/14/2020 01:07 PM] |
| Filing 20 Added Attorney Heather Leslie for parties Amici Curiae State of Oregon, State of New York, State of California, State of Maryland, State of Wisconsin, State of Colorado, State of Virginia, State of New Mexico, State of Hawaii, in case 19-17501. [11557573] (LA) [Entered: 01/10/2020 10:19 AM] |
| Filing 21 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by States of California, Colorado, Hawaii, Maryland, New Mexico, New York, Oregon, Virginia, and Wisconsin. Date of service: 01/09/2020. [11557578]--[COURT ENTERED FILING to replace entry [19].] (LA) [Entered: 01/10/2020 10:22 AM] |
| Filing 19 COURT DELETED INCORRECT ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [ # 21 ]. Original Text: Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by States of California, Colorado, Hawaii, Maryland, New Mexico, New York, Oregon, Virginia, and Wisconsin. Date of service: 01/09/2020. [11557223] [19-17501] (Leslie, Heather) [Entered: 01/09/2020 05:14 PM] |
| Filing 18 Filed (ECF) Appellees Sierra Club and Southern Border Communities Coalition EMERGENCY Motion for miscellaneous relief [Motion to lift district court's stay of injunction]. Date of service: 01/09/2020. [11557065] [19-17501] (Ladin, Dror) [Entered: 01/09/2020 03:45 PM] |
| Filing 17 Filed order (SIDNEY R. THOMAS, KIM MCLANE WARDLAW and DANIEL PAUL COLLINS: The Court sua sponte expedites consideration of these appeals. The original briefing schedules set by the Court are vacated. The opening briefs are due January 24, 2020. The answering briefs are due February 14, 2020. The optional reply briefs are due February 25, 2020. The panel is available for oral argument either the week of March 9, 2020 in San Francisco or the week of April 13 in Pasadena. The parties are directed to meet and confer as to the preferred oral argument date and any alterations that may be necessary or desirable to the above briefing schedule. [11549869] [19-17501, 19-17502] (AF) [Entered: 01/03/2020 09:53 AM] |
| Filing 16 The Mediation Questionnaire for this case was filed on 12/30/2019. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11546557]. [19-17501] (AD) [Entered: 12/30/2019 12:44 PM] |
| Filing 15 Filed (ECF) Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump Mediation Questionnaire. Date of service: 12/30/2019. [11546341] [19-17501] (Byron, H. Thomas) [Entered: 12/30/2019 11:12 AM] |
| Filing 14 Added Attorney(s) Edward Himmelfarb for party(s) Appellant Kevin K. McAleenan Appellant Mark T. Esper Appellant Steven Terner Mnuchin Appellant Donald J. Trump, in case 19-17501. [11546202] (CW) [Entered: 12/30/2019 10:29 AM] |
| Filing 13 Filed (ECF) notice of appearance of Edward Himmelfarb (U.S. Department of Justice, Civil Division, Appellate Staff, Room 7541, 950 Pennsylvania Ave., N.W., Washington, D.C. 20530) for Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump. Date of service: 12/30/2019. (Party was previously proceeding with counsel.) [11546174] [19-17501] (Himmelfarb, Edward) [Entered: 12/30/2019 10:20 AM] |
| Filing 12 Filed order (SIDNEY R. THOMAS, KIM MCLANE WARDLAW and DANIEL PAUL COLLINS) Plaintiffs Sierra Club and Southern Border Communities Coalition have filed an emergency motion to lift the district courts stay of its injunction pending appeal. The district court injunction permanently enjoined spending funds under 10 U.S.C. 2808 for eleven specified border barrier construction projects, but the district court stayed the injunction pending appeal. Defendants oppose the motion to lift the stay. We deny the request to lift the stay, without prejudice. The district court in the Western District of Texas has issued a substantially similar injunction precluding using 2808 funds beyond what Congress has otherwise appropriated for border wall construction. See El Paso Cty v. Trump, No. EP-19-CV-66-DB (W.D. Tex. Dec. 10, 2019). In addition, the Supreme Court has already stayed an injunction previously granted by the district court in this case. See Trump v. Sierra Club, 140 S. Ct. 1 (2019). As the district court concluded, the Supreme Courts stay of this Courts prior injunction order appears to reflect the conclusion of a majority of that Court that the challenged construction should be permitted to proceed pending resolution of the merits. Sierra Club v. Trump, No. 4:19-cv-00892-HSG (N.D. Cal. Dec. 11, 2019). Given the existence of a spending injunction and the Supreme Courts stay order, we decline to reverse the district courts grant of a stay pending appeal at this time, without prejudice to renewal or reconsideration pending further developments. In doing so, we express no view as to the merits of the case. [11546051] (OC) [Entered: 12/30/2019 09:35 AM] |
| Filing 11 Filed (ECF) Appellees Sierra Club and Southern Border Communities Coalition reply to response (). Date of service: 12/26/2019. [11544603] [19-17501] (Ladin, Dror) [Entered: 12/26/2019 03:44 PM] |
| Filing 10 Filed clerk order: The amicus brief [ # 3 ] submitted by State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, State of Virginia, and State of Wisconsin is filed. No paper copies are required at this time. [11544241] (LA) [Entered: 12/26/2019 12:03 PM] |
| Filing 9 Filed order (SIDNEY R. THOMAS, KIM MCLANE WARDLAW and DANIEL PAUL COLLINS): The States of California, Colorado, Hawaii, Maryland, New Mexico, New York, Oregon, and Wisconsin, and the Commonwealth of Virginia have moved the Court for leave to file an amicus curiae brief supporting Plaintiffs-Appellees emergency motion for relief from the district courts grant of a stay of injunction pending appeal. The motion for leave to file an amicus curiae brief is GRANTED, and the Clerk of Court is directed to file the amicus curiae brief submitted with the motion. [11544229] (AF) [Entered: 12/26/2019 11:57 AM] |
| Filing 8 Filed (ECF) Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump response opposing motion ([ # 2 ] Motion (ECF Filing), [ # 2 ] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 12/23/2019. [11542573] [19-17501] (Byron, H. Thomas) [Entered: 12/23/2019 03:09 PM] |
| Filing 7 Added Attorney H. Thomas Byron III for Appellants Kevin K. McAleenan, Mark T. Esper, Steven Terner Mnuchin and Donald J. Trump, in case 19-17501. [11536166] (HH) [Entered: 12/17/2019 04:33 PM] |
| Filing 6 Filed (ECF) notice of appearance of H. Thomas Byron III (Civil Division, Appellate Staff, U.S. Department of Justice, 950 Pennsylvania Ave., NW, Washington DC 20530) for Appellants Doctor Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump. Date of service: 12/17/2019. (Party was previously proceeding with counsel.) [11536146] [19-17501] (Byron, H. Thomas) [Entered: 12/17/2019 04:30 PM] |
| Filing 5 Entered appearance of Amici Curiae - Pending State of California, State of Colorado, State of Hawaii, State of Maryland, State of New Mexico, State of New York, State of Oregon, State of Virginia, and State of Wisconsin. [11535861] (LA) [Entered: 12/17/2019 03:29 PM] |
| Filing 4 Filed (ECF) Appellees Southern Border Communities Coalition and Sierra Club Correspondence: Errata to motion [ # 2 ]. Date of service: 12/17/2019. [11535534] [19-17501]--[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 12/17/2019 by SLM] (Ladin, Dror) [Entered: 12/17/2019 01:58 PM] |
| Filing 3 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by States of California, Colorado, Hawaii, Maryland, New Mexico, New York, Oregon, Virginia, and Wisconsin. Date of service: 12/16/2019. [11534357] [19-17501] (Sherman, Lee) [Entered: 12/16/2019 06:02 PM] |
| Filing 2 Filed (ECF) Appellees Sierra Club and Southern Border Communities Coalition EMERGENCY Motion for miscellaneous relief [Motion to lift district court's stay of injunction]. Date of service: 12/16/2019. [11533925] [19-17501] (Ladin, Dror) [Entered: 12/16/2019 02:57 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Appellants Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump Mediation Questionnaire due on 12/23/2019. Transcript ordered by 01/13/2020. Transcript due 02/11/2020. Appellants Mark T. Esper, Kevin K. McAleenan, Steven Terner Mnuchin and Donald J. Trump opening brief due 03/23/2020. Appellees Sierra Club and Southern Border Communities Coalition answering brief due 04/23/2020. Appellant's optional reply brief is due 21 days after service of the answering brief. [11532998] (RT) [Entered: 12/16/2019 09:58 AM] |
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