Center for Biological Diversity et al v. Nesvik et al
| Center for Biological Diversity, Save RGV, Carrizo/Comecrudo Nation of Texas, Inc. and South Texas Environmental Justice Network |
| Brian Nesvik and United States Fish and Wildlife Service |
| Space Exploration Technologies Corp. |
| 1:2026cv00831 |
| July 29, 2026 |
| U.S. District Court for the Southern District of Texas |
| Brownsville Office |
| Fernando Rodriguez |
| Environmental Matters |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on July 29, 2026. A more recent docket listing may be available from PACER.
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Filing 37
NOTICE of Setting. Parties notified. Status Conference set for 8/6/2026 at 01:30 PM by video before Judge Fernando Rodriguez Jr, filed. (bce1)
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Filing 36
Case transferred in from District of Columbia. Case Number 1:26-cv-02053; Transfer order, certified docket sheet, and transfer letter received electronically.
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Referral Judge Selected: Magistrate Judge Ignacio Torteya, III randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (hms1)
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Filing 35
MEMORANDUM OPINION. Signed by Judge John D. Bates on 7/28/2026. (lcjdb3)
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Filing 34
ORDER granting #14 and #15 defendants' motions to transfer to the U.S. District Court for the Southern District of Texas; denying #30 federal defendants' motion to strike; granting #28 the parties' joint motion to set a briefing schedule; and dismissing as moot #33 defendants' unopposed motion for an extension of time. Defendants shall file their responses to plaintiffs' preliminary injunction motion by not later than August 10, 2026, and plaintiffs shall file any reply by not later than August 20, 2026. The Clerk's Office is directed to TRANSFER this case FORTHWITH. SO ORDERED. Signed by Judge John D. Bates on 7/28/2026. (lcjdb3)
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Filing 33
Unopposed MOTION for Extension of Time to File Response/Reply as to #24 MOTION for Preliminary Injunction and Dkt. 28, Joint Motion for a Briefing Schedule, by BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: #1 Proposed Order)(Vicks, Alison)
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Filing 32
RESPONSE re #30 MOTION to Strike #27 Notice (Other) filed by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK. (Jones-Cobb, Brandon)
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Filing 31
RESPONSE re #27 Notice to Plaintiffs' Notice of Filing of Director's Approval filed by SPACE EXPLORATION TECHNOLOGIES CORP.. (Welti, Tyler) Modified to add link on 7/24/2026 (znmw).
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Filing 30
MOTION to Strike #27 Notice (Other) by BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: #1 Proposed Order)(Vicks, Alison)
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Filing 29
NOTICE of Proposed Order Corrected by BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE re #28 Joint MOTION for Briefing Schedule on Plaintiff's Motion for a Preliminary Injunction (Perez, Krystal-Rose)
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Filing 28
Joint MOTION for Briefing Schedule on Plaintiff's Motion for a Preliminary Injunction by BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: #1 Proposed Order)(Vicks, Alison)
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Filing 27
NOTICE of Subsequent Events by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK re #14 Motion to Transfer Case, #15 Motion to Transfer Case (Ditmars, Ivan)
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Filing 26
DECLARATION of Brandon Jones-Cobb by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK re #24 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit)(Jones-Cobb, Brandon)
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Filing 25
DECLARATION of Curt Bradley by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK re #24 MOTION for Preliminary Injunction . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Jones-Cobb, Brandon)
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Filing 24
MOTION for Preliminary Injunction by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Declaration of Mary Angela Branch, #4 Declaration of Rebekah Lynn Hinojosa, #5 Declaration of Juan Benito Mancias, #6 Declaration of Jim Chapman, #7 Declaration of Brett Hartl)(Ditmars, Ivan)
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Filing 23
REPLY to opposition to motion re #15 Motion to Transfer Case filed by SPACE EXPLORATION TECHNOLOGIES CORP.. (Welti, Tyler)
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Filing 22
REPLY to opposition to motion re #14 Motion to Transfer Case filed by BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE. (Vicks, Alison)
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Filing 21
Memorandum in opposition to re #14 MOTION to Transfer Case , #15 MOTION to Transfer Case filed by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK. (Attachments: #1 Text of Proposed Order, #2 Declaration Declaration of Ashley C Nunes and Exhibit 1)(Ditmars, Ivan)
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Filing 20
NOTICE of Appearance by Jay Christopher Johnson on behalf of SPACE EXPLOTATION TECHNOLOGIES CORP. (Johnson, Jay)
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Filing 19
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SPACE EXPLOTATION TECHNOLOGIES CORP. (Johnson, Jay)
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Filing 17
Unopposed MOTION to Expedite re #14 MOTION to Transfer Case , #15 MOTION to Transfer Case by BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: #1 Proposed Order)(Vicks, Alison)
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MINUTE ORDER: Upon consideration of #17 the governments unopposed motion to expedite briefing on the motion to transfer and the entire record herein, it is hereby ORDERED that the motion is GRANTED; and it is further ORDERED that plaintiffs opposition is due by not later than July 7, 2026, and defendants and intervenor-defendants replies are due by not later than July 10, 2026. SO ORDERED. Signed by Judge John D. Bates on 6/30/2026. (zed)
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MINUTE ORDER: Upon consideration of #11 Space Exploration Technologies Corp.s (SpaceXs) motion to intervene as defendant, #16 plaintiffs notice of non-opposition, and the entire record herein, it is hereby ORDERED that the motion is GRANTED, and it is further ORDERED that SpaceX shall answer or otherwise respond to plaintiffs complaint by not later than August 10, 2026. The Court first notes that defendants also take no position on SpaceXs motion. Next, the Court observes that SpaceXs standing is plain because if plaintiffs prevail then SpaceX will suffer injury caused by a judicial ruling to set aside the proposed land exchange, which would be redressable by ruling the other way. See, e.g., Crossroads Grassroots Poly Strategies v. FEC, 788 F.3d 312, 317 (D.C. Cir. 2015). SpaceX is also entitled to intervene as of right because (1) its application is timely, (2) it has a legally protected interest at issue in the proceeding, (3) the proceeding threatens to impair its interest, and (4) existing parties do not adequately represent its interest. See Karsner v. Lothian, 532 F.3d 876, 885 (D.C. Cir. 2008); Fed. R. Civ. P. 24(a)(2). In the alternative, SpaceX may intervene under Rule 24(b)(1)(B) because there is a common question of law or factthe governments review and decision regarding the land exchange. Finally, the Court waives the Rule 24(c) requirement that a responsive pleading be filed with the motion to intervene. See MGM Global Resorts Dev. LLC v. Dept of Interior, Civ. A. No. 19-2377, 2020 WL 5545496, at *6 (D.D.C. Sept. 16, 2020) (collecting cases). SO ORDERED. Signed by Judge John D. Bates on 6/30/2026. (zed)
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Filing 16
NOTICE OF PLAINTIFFS' NONOPPOSITION TO SPACEX'S MOTION TO INTERVENE by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK re #11 Motion to Intervene, (Jones-Cobb, Brandon)
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Filing 15
MOTION to Transfer Case by Space Exploration Technologies Corp.. (Attachments: #1 Memorandum in Support, #2 Declaration Justin Styer, #3 Exhibit A, #4 Text of Proposed Order)(Welti, Tyler)
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Filing 14
MOTION to Transfer Case by BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE. (Attachments: #1 Declaration of Leston Stewart Jacks, #2 Proposed Order)(Perez, Krystal-Rose)
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Filing 13
NOTICE of Appearance by Alison Vicks on behalf of All Defendants (Vicks, Alison)
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Filing 18
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/10/2026. ( Answer due for ALL FEDERAL DEFENDANTS by 8/9/2026.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/22/2026., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BRIAN NESVIK served on 6/22/2026; UNITED STATES FISH AND WILDLIFE SERVICE served on 6/22/2026 (See Docket Entry #12 to view document) (zjm)
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Filing 12
CERTIFICATE OF SERVICE by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK . (Jones-Cobb, Brandon)
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Filing 11
MOTION to Intervene and Set Date for a Response to the Complaint by Space Exploration Technologies Corp.. (Attachments: #1 Memorandum in Support, #2 Declaration of Tyler Welti, #3 Exhibit A, #4 Exhibit B, #5 Text of Proposed Order)(Welti, Tyler)
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Filing 10
NOTICE of Appearance by Brandon Jones-Cobb on behalf of All Plaintiffs (Jones-Cobb, Brandon)
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Filing 9
NOTICE of Appearance by Krystal-Rose Perez on behalf of BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE (Perez, Krystal-Rose)
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge John D. Bates on 6/18/2026. (lcjdb3)
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Filing 8
SUMMONS (4) Issued Electronically as to BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(zmtm)
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Filing 7
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brandon Jones-Cobb, Filing fee $ 100, receipt number ADCDC-12480159. Fee Status: Fee Paid. by CARRIZO/COMECRUDO NATION OF TEXAS, INC., CENTER FOR BIOLOGICAL DIVERSITY, SAVE RGV, SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK. (Attachments: #1 Declaration, #2 Appendix, #3 Text of Proposed Order)(Ditmars, Ivan) (Attachment 1 replaced on 6/15/2026) (zjm).
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Filing 6
REQUEST FOR SUMMONS TO ISSUE filed by SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK, CENTER FOR BIOLOGICAL DIVERSITY, CARRIZO/COMECRUDO NATION OF TEXAS, INC., SAVE RGV. Related document: #1 Complaint, filed by CARRIZO/COMECRUDO NATION OF TEXAS, INC., SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK, SAVE RGV, CENTER FOR BIOLOGICAL DIVERSITY. (Attachments: #1 Summons)(Ditmars, Ivan)
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Filing 5
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK (Ditmars, Ivan)
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Filing 4
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE CARRIZO/COMECRUDO NATION OF TEXAS, INC. (Ditmars, Ivan)
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Filing 3
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SAVE RGV (Ditmars, Ivan)
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Filing 2
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CENTER FOR BIOLOGICAL DIVERSITY (Ditmars, Ivan)
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Filing 1
COMPLAINT against BRIAN NESVIK, UNITED STATES FISH AND WILDLIFE SERVICE ( Filing fee $ 405 receipt number ADCDC-12478710) filed by SOUTH TEXAS ENVIRONMENTAL JUSTICE NETWORK, CENTER FOR BIOLOGICAL DIVERSITY, THE CARRIZO/COMECRUDO NATION OF TEXAS, INC., SAVE RGV. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons)(Ditmars, Ivan)
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Case Assigned to Judge John D. Bates. (zmtm)
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