State of California et al v. Trump et al

Filing 220

MOTION for Partial Summary Judgment Re Section 2808 and NEPA filed by Commonwealth of Virginia, 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 Wisconsin. Motion Hearing set for 11/20/2019 10:00 AM in Oakland, Courtroom 2, 4th Floor before Judge Haywood S Gilliam Jr.. Responses due by 10/25/2019. Replies due by 11/1/2019. (Attachments: # 1 Appendix of Declarations re: Environmental Harms, # 2 Declaration of Colonel William Green, # 3 Declaration of Alison Lynn Reaser, # 4 Declaration of Heather Leslie, # 5 Request for Judicial Notice ISO Mot for Partial Summary Judgment Re Section 2808 and NEPA, # 6 Proposed Order Granting Motion for Partial Summary Judgment, # 7 Certificate/Proof of Service)(Leslie, Heather) (Filed on 10/11/2019)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 12 STATE OF CALIFORNIA et al.; 13 [PROPOSED] ORDER GRANTING PLAINTIFF STATES OF CALIFORNIA, COLORADO, HAWAll, MARYLAND, v. NEW MEXICO, NEW YORK, OREGON, DONALD J. TRUMP, in his official capacity VIRGINIA, AND WISCONSIN'S as President of the United States of America MOTION FOR PARTIAL SUMMARY JUDGMENT REGARDING SECTION et al.; 2808 AND NEPA 14 15 16 17 Case No. 4:19-cv-00872-HSG Plaintiffs, Defendants. 18 19 20 -----------------' November 20, 2019 10:00 am Honorable Haywood S. Gilliam, Jr. None Set Trial Date: Action Filed: February 18, 2019 Date: Time: Judge: 21 22 23 24 25 26 27 28 [Proposed] Order Granting Plfs.' Mot. for Partial Summ. J. re Section 2808 and NEPA (4:19-cv-00872-HSG) - ·- 1 On October 11, 2019, Plaintiff States of California, Colorado, Hawaii, Maryland, New 2 Mexico, New York, Oregon, Virginia, and Wisconsin (the States) filed a Motion for Partial 3 Summary Judgment (Motion) regarding Defendants' use of 10 U.S.C. § 2808 for the construction 4 of barrier projects on the border between the United States and Mexico and Defendants' violation 5 of the National Environmental Policy Act with respect to barrier projects funded under 10 U.S.C. 6 § 2808 and 10 U.S.C. § 284. On October 25, 2019, the Defendants filed a cross-motion for 7 summary judgment (Defendants' Cross-Motion). The Court has considered the States' Motion 8 and documents filed therewith, Defendants' Cross-Motion and documents filed therewith, and all 9 of the papers on file in this action, and hereby GRANTS the States' Motion, DENIES 10 Defendants' Cross-Motion, and enters judgment in the States' favor as to each of their claims for 11 relief on the grounds that the undisputed evidence shows that: 12 1. On September 3, 2019, the Secretary of Defense authorized the Department of the 13 Army to spend $3.6 billion originally intended for military construction projects on 11 14 border barrier projects under 10 U.S.C. 15 defunded projects within the States as listed below: / 16 State California 17 18 Colorado Hawaii 19 20 Maryland Location Title Channel Islands ANGS Peterson AFB Joint Base Pearl Harbor-Hickam Kaneohe Bay Fort Meade Joint Base Andrews 21 22 New Mexico 23 New York 24 Oreg:on Virginia 25 26 27 Wisconsin Holloman AFB White Sands U.S. Military Academy Klamath Falls IAP Joint Base LangleyEustis Norfolk Portsmouth Truax Field ~ 2808. The States' Motion addresses 17 Line Item Title Construct C-130J Flight Simulator Facility Space Control Facility Consolidated Training Facility Amount $8,000,000 Security Improvements Mokapu Gate Cantonment Area Roads PAR Relocate Haz Cargo Pad and EOD Range Child Development Center MQ-9 FTU Ops Facility Information Svstems Facility Emrineering Center Parking Structure Construct Indoor Range Construct Cyber Ops Facility $26,492.000 $16 500.000 $37,000,000 Replace Hazardous Materials Warehouse Replace Hazardous Materials Warehouse Ships Maintenance Facility Construct Small Arms Range $18.500.000 $22.500.000 $26.120.000 $8.000.000 $8.000.000 $5,500,000 $13 000.000 $85.000.000 $40.000.000 $95.000.000 $65.000 000 $8.000,000 $10,000,000 28 1 [Proposed] Order Granting Plfs.' Mot. for Partial Summ. J. re Section 2808 and NEPA (4:19-cv-00872-HSG) 1 The States' motion also concerns the construction of seven border barrier projects in 2 California and New Mexico. These include: San Diego Project 4, San Diego Project 11, 3 El Centro Project 5, El Centro Project 9,'Yuma Project 6, El Paso Project 2, and El Paso 4 Project 8. Defendants' actions with respect to these 17 defunded projects and 7 border 5 barrier projects are referred to herein as "Defendants' 2808 Actions." 6 2. On March 25 and May 9, 2019, citing 10 u.s;c. section 284, DOD committed to the 7 construction of several border barrier projects, including El Paso Project 1 in New 8 Mexico and El Centro Project 1 in California. These border barrier projects are referred 9 to herein as "Defendants' 284 Actions." 10 11 12 13 14 15 16 17 3. Defendants' 2808 Actions are ultra vires and violate the Administrative Procedure Act because they exceed congressional authority. 4. Defendants' 2808 Actions violate the Administrative Procedure Act because they are arbitrary and capricious. 5. Defendants' 2808 Actions violate the United States Constitution's separation of powers principles. 6. Defendants' 2808 Actions violate the United States Constitution's Appropriations Clause. 18 7. Defendants' 2808 Actions violate the United States Constitution's Presentment Clause. 19 8. Defendants' 2808 Actions and Defendants 284 Actions violate the National 20 21 22 Environmental Policy Act. · Having entered judgment in favor of the States and against Defendants on the above, the Court hereby ORDERS the following relief: 23 DECLARATION 24 The Court finds declaratory relief under 28 U.S.C. § 2201 appropriate in this case. It is 25 hereby DECLARED that Defendants' 2808 Actions are unlawful and unconstitutional because 26 they: (i) exceed the congressional authority conferred to the Executive Branch in violation of the 27 Administrative Procedure Act and are ultra vires; (ii) violate the Administrative Procedure Act 28 because they are arbitrary and capricious; (iii) violate the United States Constitution's separation 2 [Proposed] Order Granting Plfs.' Mot. for Partial Summ. J. re Section 2808 and NEPA (4:19-cv-00872-HSG) 1 of powers principles; (iv) violate the United States Constitution's Appropriations Clause; and (v) 2 violate the United States Constitution's Presentment Clause. The Court further declares that 3 Defendants' 2808 and 284 Actions violate the National Environmental Policy Act. PERMANENT INJUNCTION 4 5 The Court also finds that each of the necessary elements for issuing a permanent injunction 6 are met. In particular, the Court finds that the States have succeeded on the merits of their claims 7 and that absent an injunction, the States would suffer irreparable injury; the balance of equities. 8 favor the States; and the requested relief is in the public interest. Pursuant to Federal Rule of Civil 9 Procedure 65, it is now ORDERED that Defendants ARE HEREBY RESTRAINED AND 10 .11 ENJOINED from committing, performing, directly or indirectly, the following acts: 1. Diverting any funding or resources from the 17 military construction projects in the 12 States identified in the chart above under 10 U.S.C. § 2808 toward the construction of 13 any barrier or border-related infrastructure and/or project along the Unite~ States- 14 Mexico border. 15 2. Obligating any funding, including but not limited to, the awarding of and/or entering 16 into any contracts, toward the construction of any border barrier or border-related 17 infrastructure and/or project along in California or New Mexico through the use of any 18 funds diverted under 10 U.S.C. § 2808. 19 3. Taking any further action related to the construction of any barrier along the United 20 States-Mexico border in California or New Mexico under 10 U.S.C. § 2808 and 10 21 U.S.C. § 28~ unless and until Defendants comply with the National Environmental 22 Policy Act, 42 U.S.C. sections 4321-4370m-12. 23 24 IT IS SO ORDERED. 25 Dated: - - - - - - - - 26 THE HONORABLE HAYWOOD S. GILLIAM, JR. 27 28 3 [Proposed] Order Granting Plfs.' Mot. for Partial Summ. J. re Section 2808 and NEPA (4:19-cv-00872-HSG)

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