State of California et al v. Trump et al

Filing 196

SUPPLEMENTAL DECLARATION of Loren Flossman Addressing Treasury Fofeiture Fund by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Richard V. Spencer, Donald J. Trump, U.S. Department of Homeland Security, U.S. Department of the Interior, U.S. Department of the Treasury, United States of America, Heather Wilson (Attachments: # 1 Exhibit Flossman Declaration (July 11, 2019))(Warden, Andrew) (Filed on 7/12/2019) Modified on 7/15/2019 (jjbS, COURT STAFF).

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JAMES M. BURNHAM
Deputy Assistant Attorney General
JOHN R. GRIFFITHS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director, Federal Programs Branch
ANDREW I. WARDEN (IN #23840-49)
Senior Trial Counsel
KATHRYN C. DAVIS
MICHAEL J. GERARDI
LESLIE COOPER VIGEN
RACHAEL WESTMORELAND
Trial Attorneys
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, D.C. 20530
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION

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STATE OF CALIFORNIA, et al.,

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Plaintiffs,
v.
DONALD J. TRUMP, et al.,

No. 4:19-cv-00872-HSG
No. 4:19-cv-00892-HSG
SUPPLEMENTAL
DECLARATION OF LOREN
FLOSSMAN ADDRESSING
TREASURY FORFEITURE FUND

Defendants.

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SIERRA CLUB, et al.,

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Plaintiffs,
v.
DONALD J. TRUMP, et al.,
Defendants.

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State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Flossman Declaration re: TFF
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Flossman Declaration re: TFF

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Defendants hereby submit the attached Declaration of Loren Flossman, Acquisition

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Program Manager for the Wall Program Management Office of the U.S. Customs and Border

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Protection (CBP), dated July 11, 2019, to update the Court and parties about CBP’s use of

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money from the Treasury Forfeiture Fund (TFF) for purposes of border barrier construction.

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Mr. Flossman previously submitted declarations dated April 1 and May 14, 2019, in the

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above-captioned cases that explained how CBP intended to use the TFF for barrier construction

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along the southern border. See California v. Trump (ECF Nos. 89-8, 150-1); Sierra Club v.

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Trump (ECF No. 131-1). Those declarations explained that CBP had initially planned to use the

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TFF exclusively for projects in the Rio Grande Valley Sector. See Flossman Decl. ¶ 5 (July 11,

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2019). Based on consideration of the Fiscal Year 2020 budget, CBP now plans to utilize the TFF

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for planning and construction exclusively within the Rio Grande Valley and/or Laredo Sectors in

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Texas. Id.

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No final decision has been made as to the final barrier location for any project funded by

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the TFF in the Rio Grande Valley and/or Laredo Sectors. Id. ¶ 6. Prior to a final decision, CBP

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will need to complete planning work including design, hydrology studies, real estate surveys and

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appraisals, landowner identification and title work, and environmental work. Id. This planning

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work, which is ongoing, often takes several months to complete. Id. As in other locations, CBP

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will be in communication with landowners who are in a proposed barrier location and will

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continue to be in communication with landowners in a final barrier location throughout the

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planning process. Id.

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Mr. Flossman’s prior declarations also stated that CBP was considering using the TFF for

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planning related to barrier construction projects in other Sectors. See Flossman Decl. ¶ 12 (April

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1, 2019); Flossman Decl. ¶ 5 (May 14, 2019). CBP has now determined that it will not use the

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TFF for any planning, which includes design, real estate surveys appraisals, landowner

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identification and title work, environmental work, payments of just compensation for lands

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acquired, and community and landowner outreach, in other Sectors outside of the Rio Grande

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Valley and/or Laredo Sectors in Texas. See Flossman Decl. ¶ 5 (July 11, 2019).

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State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Flossman Declaration re: TFF
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Flossman Declaration re: TFF
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DATE: July 12, 2019

Respectfully submitted,

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JAMES M. BURNHAM
Deputy Assistant Attorney General
JOHN R. GRIFFITHS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director, Federal Programs Branch
/s/ Andrew I. Warden
ANDREW I. WARDEN (IN #23840-49)
Senior Trial Counsel
KATHRYN C. DAVIS
MICHAEL J. GERARDI
LESLIE COOPER VIGEN
RACHAEL WESTMORELAND
Trial Attorneys
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, D.C. 20530
Tel.: [phone]
Fax: [phone]
Attorneys for Defendants

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State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Flossman Declaration re: TFF
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Flossman Declaration re: TFF
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