State of California et al v. Trump et al

Filing 210

Supplemental NOTICE Regarding Decision by the Department of Defense to Authorize Additional Border Barrier Projects Pursuant to 10 U.S.C. § 284 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 re 204 Notice (Other) (Attachments: # 1 Exhibit)(Warden, Andrew) (Filed on 9/13/2019) Modified on 9/16/2019 (jjbS, COURT STAFF).

1
2
3
4
5
6
7
8
9
10
11
12

JAMES M. BURNHAM
Deputy Assistant Attorney General
ALEXANDER K. HAAS
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

13

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

14
15
16

STATE OF CALIFORNIA, et al.,

17
18
19
20

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

21
22
23
24

27
28

SUPPLEMENTAL NOTICE
REGARDING DECISION BY THE
DEPARTMENT OF DEFENSE TO
AUTHORIZE ADDITIONAL
BORDER BARRIER PROJECTS
PURSUANT TO 10 U.S.C. § 284

SIERRA CLUB, et al.,
Plaintiffs,

25
26

No. 4:19-cv-00872-HSG
No. 4:19-cv-00892-HSG

v.
DONALD J. TRUMP, et al.,
Defendants.
State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Supp. Notice re § 284 Projects
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Supp. Notice re § 284 Projects

1

Defendants hereby notify the Court and parties in the above-captioned cases that the

2

Department of Defense has decided not to undertake at this time the three additional border barrier

3

projects identified in Defendants’ August 27, 2019 Notice. See ECF No. 204 in 4:19-cv-00872-

4

HSG and ECF No. 200 4:19-cv-00892-HSG.

5

Defendants’ August 27, 2019 Notice explained that in the course of executing the contracts

6

for the previously-approved Section 284 projects that have been the subject of litigation in these

7

cases, the U.S. Army Corps of Engineers (USACE) determined that that lower-than-expected

8

contract costs may yield sufficient savings to build up to an additional 20 miles of border barrier.

9

See id. The Notice stated that USACE would not know the precise amount available until later in

10

the fiscal year when USACE finalizes all contract pricing. Id. Based on this expected contract

11

savings, on August 26, 2019, the Secretary of Defense authorized USACE to undertake three

12

additional border barrier projects, as those funds allow: Yuma Sector Projects 4 and 5, and Tucson

13

Sector Project 4. See id.

14

Based on its work in definitizing the contracts for the original Section 284 projects, USACE

15

has determined that there are insufficient contract saving to undertake the three additional Section

16

284 projects authorized by the Secretary of Defense on August 26, 2019. See Fifth Declaration of

17

Kenneth Rapuano ¶ 4 (Exhibit 1). Therefore, the Department of Defense has decided not to pursue

18

Yuma Sector Projects 4 and 5, and Tucson Sector Project 4 at this time. See id.

19
20
21
22
23
24
25
26
27
28
State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Supp. Notice re § 284 Projects
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Supp. Notice re § 284 Projects
1

1
2
3
4
5
6
7
8
9
10
11
12
13

DATE: September 13, 2019

Respectfully submitted,
JAMES M. BURNHAM
Deputy Assistant Attorney General
ALEXANDER K. HAAS
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
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

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG – Supp. Notice re § 284 Projects
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Supp. Notice re § 284 Projects
2