University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Public Citizen, Inc. v. Trump PR-DC-0002
Docket / Court 1:17-cv-00253 ( D.D.C. )
State/Territory District of Columbia
Case Type(s) Presidential Authority
Case Summary
On February 8, 2017, the Plaintiffs—Public Citizen, Inc., Natural Resources Defense Council, Inc., and Communications Workers of America—filed this lawsuit against President Trump, his cabinet, and the federal government in the U.S. District Court for the District of Columbia. The Plaintiff ... read more >
On February 8, 2017, the Plaintiffs—Public Citizen, Inc., Natural Resources Defense Council, Inc., and Communications Workers of America—filed this lawsuit against President Trump, his cabinet, and the federal government in the U.S. District Court for the District of Columbia. The Plaintiff sought declaratory and injunctive relief, requesting the court to declare Executive Order 13771 in violation of the Take Care Clause, in excess of presidential authority under Article II of the Constitution, an infringement on legislative authority, and invalid; to declare that the Defendants cannot lawfully implement or comply with sections 2 and 3(a) and (d) of the executive order; to declare unlawful and set aside the Office of Management and Budget Interim Guidance and Guidance, and to enjoin the agency Defendants from complying with Executive Order 13771. The Plaintiffs consist of two national non-profit organizations focused on environmental and public health concerns, and an international labor union of workers in a wide variety of public sector positions in the United States, Canada, and Puerto Rico.

President Trump signed Executive Order 13711 on January 30, 2017. The Executive Order states that an agency must issue a new regulation only if it rescinds at least two existing regulations in order to offset the costs of the new regulation. Agencies must (1) identify at least two existing regulations to repeal for every new regulation proposed or issue, (2) offset the costs of a new regulation by eliminating costs associated with at least two existing regulations, and (3) promulgate regulations during fiscal year 2017 that, together with repealed regulations, have combined incremental costs of $0 or less, regardless of the benefits. The Plaintiffs argue that such rules will harm the people of the United States, and that the decision making required by this order is arbitrary, capricious, and in violation of the statutes under which the agencies derive their rulemaking authority and the Administrative Procedure Act.

On April 21, 2017, the Plaintiffs amended their complaint. On May 12, 2017, the Defendants filed a motion to dismiss, and on May 15, 2017, the Plaintiffs filed a motion for summary judgment. Both motions are still pending.

Robert Carnes - 11/10/2017


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Issues and Causes of Action
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Issues
Plaintiff Type
Non-profit NON-religious organization
Causes of Action Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.
Defendant(s) President Donald Trump
United States of America
United States of America
Plaintiff Description Two national non-profit organizations focused on environmental and public health concerns, and an international labor union of workers in a wide variety of public sector positions in the United States, Canada, and Puerto Rico.
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Docket(s)
1:17-cv-00253 (D.D.C.)
PR-DC-0002-9000.pdf | Detail
Date: 04/25/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
PR-DC-0002-0001.pdf | Detail
Date: 02/08/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Moss, Randolph Daniel (D.D.C.)
PR-DC-0002-9000
Plaintiff's Lawyers Calemine, Guerino J. III (District of Columbia)
PR-DC-0002-0001
Goldman, Patti A. (Washington)
PR-DC-0002-0001 | PR-DC-0002-9000
Nelson, Scott Lawrence (District of Columbia)
PR-DC-0002-0001 | PR-DC-0002-9000
Sherman, Sean M. (District of Columbia)
PR-DC-0002-0001
Wall, Michael Edwin (California)
PR-DC-0002-0001
Zieve, Allison Marcy (District of Columbia)
PR-DC-0002-0001 | PR-DC-0002-9000
Defendant's Lawyers Bensing, Daniel (District of Columbia)
PR-DC-0002-9000
Drezner, Michael Leon (District of Columbia)
PR-DC-0002-9000
Other Lawyers Lin, Elbert (District of Columbia)
PR-DC-0002-9000

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