Defenders of Wildlife v. Burgum, et al.
Plaintiff: DEFENDERS OF WILDLIFE
Defendant: DOUG BURGUM, in his official capacity as Secretary of the U.S. Department of the Interior, BRIAN NESVIK, in his official capacity as the Director of the U.S. Fish and Wildlife Service, KING COVE CORPORATION, an Alaska Native Village Corporation and RYAN ANDERSON, in his official capacity as the Commissioner of the Alaska Department of Transportation and Public Facilities
Case Number: 26-5672
Filed: September 1, 2026
Court: U.S. Court of Appeals, Ninth Circuit
Nature of Suit: Other Statutes - APA Review/Appeal
Docket Report

This docket was last retrieved on September 23, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2026 Opinion or Order Filing 20 ORDER FILED. The conference previously scheduled for September 23, 2026, is canceled. Appellants motion to dismiss this appeal (Docket Entry No. 19) is granted. Fed. R. App. P. 42(b). A copy of this order shall serve as and for the mandate of this court. [Entered: 09/23/2026 09:51 AM]
September 21, 2026 Filing 19 MOTION to Voluntarily Dismiss filed by Appellant Defenders of Wildlife. [Entered: 09/21/2026 01:30 PM]
September 16, 2026 Opinion or Order Filing 18 ORDER FILED. HURWITZ and SUNG, Circuit Judges. The motion (Docket Entry Nos. 7, 8) for injunctive relief is denied. See Feldman v. Ariz. Secy of State, 843 F.3d 366, 367 (9th Cir. 2016) (The standard for evaluating an injunction pending appeal is similar to that employed by district courts in deciding whether to grant a preliminary injunction.); see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (defining standard for preliminary injunction in district court). The existing briefing schedule remains in effect. [Entered: 09/16/2026 11:41 AM]
September 15, 2026 Filing 17 REPLY to Response to Motion for Injunctive Relief (DE 13) filed by Appellant Defenders of Wildlife. [Entered: 09/15/2026 07:26 AM]
September 14, 2026 Filing 16 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 9/23/2026, 10:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 09/14/2026 09:04 AM]
September 11, 2026 Filing 15 RESPONSE to Motion for Injunctive Relief (DE 8) filed by Appellee Ryan Anderson. [Entered: 09/11/2026 04:49 PM]
September 11, 2026 Filing 13 RESPONSE to Motion for Injunctive Relief (DE 7) filed by Appellee Doug Burgum, Appellee Brian Nesvik. [Entered: 09/11/2026 10:20 AM]
September 10, 2026 Filing 14 RESPONSE to Motion for Injunctive Relief (DE 8) filed by Appellee King Cove Corporation. [Court entered filing to correct DE 12] [Entered: 09/11/2026 11:43 AM]
September 10, 2026 Filing 12 DEFECTIVE --- ANSWERING BRIEF submitted for filing by Appellee King Cove Corporation. [Wrong filing type used, corrected in DE 14] [Entered: 09/10/2026 05:04 PM] [Edited: 09/11/2026 11:44 AM]
September 9, 2026 Filing 11 Attorney Maria Teresa Davenport as Counsel for Appellee substituted for Attorney Sarah Elizabeth Angell. [Entered: 09/09/2026 11:46 AM]
September 9, 2026 Opinion or Order Filing 10 ORDER FILED. The court has received the emergency motion for injunctive relief. Any responses to the motion are due by 5:00 p.m. Pacific Time on September 11, 2026. The optional reply in support of the motion is due by 9:00 a.m. Pacific Time on September 15, 2026. [Entered: 09/09/2026 11:39 AM]
September 9, 2026 Filing 9 NOTICE OF APPEARANCE by Maria Teresa Davenport for Appellee Ryan Anderson replacing Sarah Elizabeth Angell. [Entered: 09/09/2026 11:12 AM]
September 8, 2026 Filing 8 MOTION for Injunctive Relief filed by Appellant Defenders of Wildlife. [Entered: 09/08/2026 02:09 PM]
September 8, 2026 Filing 7 MOTION for Injunctive Relief filed by Appellant Defenders of Wildlife. [Court entered filing, PDF from DE 6] [Entered: 09/08/2026 01:54 PM]
September 8, 2026 Filing 6 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant Defenders of Wildlife. [Entered: 09/08/2026 01:42 PM]
September 8, 2026 Filing 5 MEDIATION QUESTIONNAIRE filed by Appellant Defenders of Wildlife. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. 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. [Entered: 09/08/2026 11:16 AM]
September 3, 2026 Filing 4 Attorney Cynthia Taub as Counsel for Appellee substituted for Attorney Jennifer A. Sundook. [Entered: 09/03/2026 10:51 AM]
September 3, 2026 Filing 3 NOTICE OF APPEARANCE by Cynthia Taub for Appellee Brian Nesvik, Appellee Doug Burgum replacing Jennifer A. Sundook. [Entered: 09/03/2026 09:58 AM]
September 1, 2026 Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Preliminary Injunction Answering Brief Due (Appellee) 10/27/2026, Mediation Questionnaire due (Appellant) 9/8/2026, Preliminary Injunction Opening Brief Due (Appellant) 9/29/2026. For appeal no. 26-5672, 3:26-cv-00298-ACP.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 09/01/2026 12:38 PM]
September 1, 2026 Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:26-cv-00298-ACP has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 26-5672 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 09/01/2026 12:34 PM]

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Plaintiff: DEFENDERS OF WILDLIFE
Represented By: Ms. Jane P. Davenport
Represented By: Daniel Franz
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Defendant: DOUG BURGUM, in his official capacity as Secretary of the U.S. Department of the Interior
Represented By: Jennifer A. Sundook
Represented By: Ms. Cynthia Taub
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Defendant: BRIAN NESVIK, in his official capacity as the Director of the U.S. Fish and Wildlife Service
Represented By: Jennifer A. Sundook
Represented By: Ms. Cynthia Taub
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Defendant: KING COVE CORPORATION, an Alaska Native Village Corporation
Represented By: Mr. James F. Clark
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Defendant: RYAN ANDERSON, in his official capacity as the Commissioner of the Alaska Department of Transportation and Public Facilities
Represented By: Ms. Sarah Elizabeth Angell
Represented By: Maria Teresa Davenport
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