California v. Trump, No. 19-16299 (9th Cir. 2020)
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The Department of Defense Appropriations Act of 2019 does not authorize the Department of Defense (DoD) to make budgetary transfers from funds appropriated by Congress to it for other purposes in order to fund the construction of a wall on the southern border of the United States in California and New Mexico.
The Ninth Circuit first held that California and New Mexico have Article III standing to pursue their claims because they have alleged that the actions of the Federal Defendants will cause particularized and concrete injuries in fact to the environment and wildlife of their respective states as well as to their sovereign interests in enforcing their environmental laws; California has alleged environmental and sovereign injuries "fairly traceable" to the Federal Defendants' conduct; and a ruling in California and New Mexico's favor would redress their harms. Furthermore, California and New Mexico easily fall within the zone of interests of Section 8005 of the Act and are suitable challengers to enforce its obligations under the Administrative Procedure Act.
The panel held that the district court correctly determined that Section 8005 did not authorize DoD's budgetary transfer to fund construction of the El Paso and El Centro Sectors. The panel explained that the district court correctly determined that the border wall was not an unforeseen military requirement, that funding for the wall had been denied by Congress, and therefore, that the transfer authority granted by Section 8005 was not permissibly invoked. Therefore, the panel affirmed the district court's judgment, declining to reverse the district court’s decision against imposing a permanent injunction, without prejudice to renewal.
Court Description: Appropriations. The panel affirmed the district court’s judgment holding that budgetary transfers of funds for the construction of a wall on the southern border of the United States in California and New Mexico were not authorized under the Department of Defense Appropriations Act of 2019. Section 8005 and Section 9002 of the Act (collectively “Section 8005”) was invoked to transfer $2.5 billion of Department of Defense funds appropriated for other purposes to fund border wall construction. Sixteen states, including California and New Mexico, filed suit challenging the Executive Branch’s funding of the border wall. The district court granted California and New Mexico’s motion for partial summary judgment, and issued declaratory relief, holding the Section 8005 transfer of funds as to the El Centro and El Paso sectors unlawful. The panel held that California and New Mexico established the requisite Article III standing to challenge the federal defendants’ actions. Concerning the injury in fact element of standing, the panel held that California and New Mexico alleged that the actions of the federal defendants will cause particularized and concrete injuries in fact to the environment and wildlife of their respective states as well as to their sovereign interests in 6 STATE OF CALIFORNIA V. TRUMP enforcing their environmental laws. First, the panel held that California and New Mexico each provided sufficient evidence, if taken as true, that would allow a reasonable fact- finder to conclude that both states would suffer injuries in fact to their environmental interests, and in particular, to protect endangered species within their borders. Second, the panel also held that California and New Mexico demonstrated that border wall construction injured their quasi-sovereign interests by preventing them from enforcing their environmental laws. Concerning the causation element for standing, the panel held that California alleged environmental and sovereign injuries that were fairly traceable to the federal defendants’ conduct. The panel held that with respect to most of the environmental injuries, causation was apparent. The panel also concluded that the causation requirement was likewise satisfied for the injuries to California’s and New Mexico’s quasi-sovereign interests. Concerning the redressability element of standing, the panel held that a ruling in California and New Mexico’s favor would redress their harms. Without the Section 8005 funds, the Department of Defense would have inadequate funding to finance construction of the projects, and this would prevent both the alleged and environmental and sovereign injuries. The panel held that California and New Mexico had the right to challenge the transfer of funds under the Administrative Procedure Act (“APA”). Specifically, the panel held that Section 8005 imposed certain obligations upon the Department of Defense, which it did not satisfy. The panel further held that California and New Mexico, as aggrieved parties, could pursue a remedy under the APA, as STATE OF CALIFORNIA V. TRUMP 7 long as they fell within Section 8005’s zone of interests. The panel held that California and New Mexico were suitable challengers because their interests were congruent with those of Congress and were not inconsistent with the purposes implicit in the statute. The panel concluded that California and New Mexico easily fell within the zone of interests of Section 8005. The panel held that Section 8005 did not authorize the Department of Defense’s budgetary transfer to fund construction of the El Paso and El Centro Sectors. Specifically, the panel concluded that the district court correctly determined that the border wall was not an unforeseen military requirement, and that funding for the wall had been denied by Congress. Absent such statutory authority, the Executive Branch lacked independent constitutional authority to transfer the funds at issue here. The panel concluded that the transfer of funds was unlawful, and affirmed the district court’s declaratory judgment to California and New Mexico. Finally, the panel declined to reverse the district court’s denial of California and New Mexico’s request for permanent injunctive relief, without prejudice to renewal. Judge Collins dissented. He agreed that at least California established Article III standing, but would hold that the States lacked any cause of action to challenge the transfer of funds under the APA or otherwise. Even assuming that they had a cause of action, Judge Collins would conclude that the transfers were lawful and reverse the district court’s partial judgment for the States and remand for entry of partial summary judgment in favor of the defendants. 8 STATE OF CALIFORNIA V. TRUMP
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