State of California et al v. Trump et al

Filing 279

NOTICE of Changes In Funding For Border Barrier Projects Undertaken Pursuant to 10 U.S.C. § 2808 in Fiscal Year 2019, filed 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)(Warden, Andrew) (Filed on 4/29/2020) Modified on 4/30/2020 (jlmS, COURT STAFF).

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DAVID M. MORRELL
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

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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.,

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Defendants.

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SIERRA CLUB, et al.,

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No. 4:19-cv-00872-HSG
No. 4:19-cv-00892-HSG
NOTICE OF CHANGES IN
FUNDING FOR BORDER
BARRIER PROJECTS
UNDERTAKEN PURSUANT TO 10
U.S.C. § 2808 IN FISCAL YEAR 2019

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 –Notice re: FY19 § 2808 Project Funding
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Notice re: FY19 § 2808 Project Funding
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Defendants hereby provide notice of recent changes to the funding sources for the eleven

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border barrier military construction projects the Secretary of Defense decided to undertake on

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September 3, 2019, pursuant to 10 U.S.C. § 2808.

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To fund the § 2808 border barrier military construction projects that are the subject of

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litigation in these cases, the Secretary of Defense deferred $3.6 billion in military construction projects,

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divided evenly between projects outside of the United States and projects located in the United States

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(including U.S. territories). See ECF No. 206 in 4:19-CV-00872; ECF No. 201 in 4:19-CV-00892. The

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list of projects deferred at the time of the Secretary’s decison to undertake § 2808 construction is

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available at No. 207 in 4:19-CV-00872; ECF No. 202 in 4:19-CV-00892.

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On April 27, 2020, the Secretary of Defense authorized adjustments to the funding for the

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§ 2808 projects. See Exhibit 1. To enable their execution as scheduled in calendar year 2020, the

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Secretary removed 22 projects located in the United States from the deferred projects list and directed

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that $545.536 million in funding for those projects be released. See id. The Secretary also directed

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$545.536 million in replacement sources to ensure adequate funding remains available for § 2808

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border barrier military construction. These substitute funds are drawn from (1) two projects that have

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been cancelled for reasons not associated with border barrier military construction; (2) the deferral of

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16 projects located outside the United States that are scheduled to award in fiscal year 2021 or later;

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and (3) excess planning and design funds. See id. A chart listing the 22 projects removed from the

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deferral list and the substitute funding sources is attached as Exhibit 1. See id.

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DATE: April 29, 2020

Respectfully submitted,
DAVID M. MORRELL
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

State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG –Notice re: FY19 § 2808 Project Funding
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Notice re: FY19 § 2808 Project Funding
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U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, NW
Washington, D.C. 20530
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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State of California, et al. v. Donald J. Trump, et al., 4:19-cv-00872-HSG –Notice re: FY19 § 2808 Project Funding
Sierra Club et. al. v. Donald J. Trump, et al., 4:19-cv-00892-HSG – Notice re: FY19 § 2808 Project Funding
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