State of California et al v. Trump et al

Filing 266

SUPPLEMENTAL NOTICE Regarding Section 2808 Construction by Department of Defense, David Bernhardt, Mark T. Esper, Kevin K. McAleenan, Ryan D. McCarthy, Steven T. Mnuchin, Kirstjen M. Nielsen, Patrick M. Shanahan, 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, Stephen I. Vladeck, Heather Wilson. (Attachments: # 1 Exhibit)(Westmoreland, Rachael) (Filed on 1/22/2020) Modified on 1/23/2020 (jjbS, COURT STAFF).

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

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STATE OF CALIFORNIA, et al.,
Plaintiffs,

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v.
DONALD J. TRUMP, et al.,

CASE NO. 4:19-cv-872 (HSG)
SUPPLEMENTAL NOTICE
REGARDING SECTION 2808
CONSTRUCTION

Defendants.

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State of Cal., et al. v. Donald J. Trump, et al., 4:19-cv-872 (HSG)- Supp. Notice Regarding § 2808 Construction

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Defendants hereby provide this supplemental notice to the Court regarding the timing of
ground-disturbing activities arising from construction authorized pursuant to 10 U.S.C. § 2808.

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In a previous notice filed September 3, 2019, Defendants anticipated the earliest date on

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which any ground-disturbing activities could occur for these projects was 20 days after contract

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award, and the earliest date on which substantial construction could occur for these projects was 40

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days after contract award. Declaration of Brigadier General Goddard Decl. ¶ 10, ECF No. 206-3.

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Although it will be adhering to this timeline for certain projects, the Corps is now positioned to begin

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ground-disturbing activities as early as five days after contract award and substantial construction as

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early as ten days after contract award, due to efficiencies that have been gained during the award and

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administration of the first several construction contracts. Further details regarding the anticipated

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start times for ground disturbing activities and substantial construction for the § 2808 projects are

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provided in the Second Declaration of Brigadier General Glenn A Goddard, attached as Exhibit A.

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DATE: January 22, 2020

Respectfully submitted,
JAMES M. BURNHAM
Deputy Assistant Attorney General

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ALEXANDER K. HAAS
Director, Federal Programs Branch

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ANTHONY J. COPPOLINO
Deputy Director, Federal Programs Branch

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/s/ Andrew I. Warden
ANDREW I. WARDEN
Senior Trial Counsel (IN Bar No. 23840-49)

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/s/ Rachael L. Westmoreland
RACHAEL L. WESTMORELAND
(GA Bar No. 539498)

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KATHRYN C. DAVIS
MICHAEL J. GERARDI
LESLIE COOPER VIGEN
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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-1State of Cal., et al. v. Donald J. Trump, et al., 4:19-cv-872 (HSG)- Supp. Notice Regarding § 2808 Construction