Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

Last updated: 7/22/20

 

Total amicus briefs against the federal government since Jan. 2017 85
Total briefs authored by Washington State Attorney General's Office 14
Total briefs led by other state attorneys general 71

 

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Successful Amicus – Completed Cases 

California et al. v. Zinke et al.
Subject: Oil, gas, and coal valuation rule
Date Filed: 6/14/17
Leading State(s): Washington
Joining States: Oregon, Maryland, New York

Overview

In support of a challenge to the U.S. Department of Interior’s delay in publishing regulations governing the valuation of oil and gas from federal on- and off-shore leases, as well as coal produced from federal and tribal leases.

 

Fulcher v. Secretary of Veterans Affairs
Subject: Use of veterans’ medical benefits for sex reassignment surgery
Date Filed: 6/28/17
Leading State(s): Washington
Joining States: California, Connecticut, Hawaii, Illinois, Massachusetts, New York, Oregon, Vermont, Washington, D.C.

Overview

In support of a challenge urging the U.S. Department of Veterans Affairs to provide transgender veterans access to medically necessary health care.

 

California et al. v. Zinke et al.
Subject: Waste methane rule
Date Filed: 8/22/17
Leading State(s): Washington
Joining States: Oregon, Maryland, New York

Overview

In support of a case challenging the Environmental Protection Agency’s decision not to issue new methane standards.

 

Garza v. Hargan
Subject: HHS abortion policy for unaccompanied immigrant minors
Date Filed: 10/24/17
Leading State(s): New York

Overview

In support of a challenge to the Trump Administration’s attempt to block unaccompanied immigrant minor women from obtaining an abortion.

 

Oceana v. Ross
Subject: Drift Gillnet Rule
Date Filed: 8/27/18
Leading State(s): Washington
Joining States: None

Overview

In support of a challenge to the Trump Administration’s decision not to promulgate a proposed rule regarding gillnetting proposed by the Pacific Fishery Management Council.

 

Galvez v. Cissna
Subject: Special Immigrant Juvenile Status
Date Filed: 3/25/19
Leading State(s): Washington
Joining States: None

Overview

In support of a challenge to a new U.S. Citizenship and Immigration Services policy that refuses to recognize state court findings for vulnerable immigrant youth 18 and older applying for Special Immigrant Juvenile Status, a pathway to legal residency.

 

County of Santa Clara/City of SF. v. Trump
Subject: “Sanctuary cities”
Date Filed: 6/28/17; 2/12/18
Leading State(s): California

Overview

In support of states arguing that disentangling local law enforcement from federal immigration law promotes public safety.

 

Moda Health Plan, Inc. v. United States
Subject: Risk-corridor payments under the Affordable Care Act
Date Filed: 8/28/17; 3/8/19; 9/6/19
Leading State(s): Oregon

Overview

In support of a case arguing that the Affordable Care Act requires the federal government to pay risk-corridor payments to insurers.

 

In re United States
Subject: Rescission of DACA
Date Filed: 12/13/17
Leading State(s): New York

Overview

In support of five related cases challenging the rescission of the Deferred Action for Childhood Arrivals program.

 

Successful Amicus – Case Ongoing

Northwest Immigrant Rights Project (NWIRP) v. Sessions
Subject: Executive Office for Immigration Review directive regarding NWIRP services
Date Filed: 5/12/17
Leading State(s): Washington
Joining States: None

Overview

In support of a lawsuit challenging an Executive Office for Immigration Review directive that the Northwest Immigrant Rights Project cease and desist from providing limited legal representation to individuals in removal proceedings.

 

Commonwealth of Pennsylvania v. Trump
Subject: Denial of contraceptive coverage for female employees
Date Filed: 11/27/17; 1/7/19
Leading State(s): Massachusetts

Overview

In support of a lawsuit challenging interim rules allowing denial of health care coverage for contraceptive services to female employees on religious or moral grounds.

 

California et al. v. Azar et al.
Subject: Denial of contraceptive coverage for female employees
Date Filed: 12/6/17; 5/29/18
Leading State(s): Massachusetts

Overview

In support of a lawsuit challenging interim rules allowing denial of health care coverage for contraceptive services to female employees on religious or moral grounds.

 

City of Chicago v. Sessions
Subject: Byrne JAG grants
Date Filed: 1/04/18; 1/31/18; 2/22/18; 11/15/18
Leading State(s): New York

Overview

In support of a lawsuit challenging the Department of Justice’s decision to impose immigration-related conditions on the Edward Byrne Memorial Justice Assistance Grant program for law enforcement agencies.

 

Centro Presente v. Trump
Subject: Termination of TPS
Date Filed: 6/25/18
Leading State(s): Massachusetts, California & the District of Columbia

Overview

In support of a case challenging the Administration’s termination of Temporary Protected Status for nationals from El Salvador, Honduras, and Haiti.

 

Ramos v. Nielsen
Subject: Termination of TPS
Date Filed: 8/30/18; 2/7/19
Leading State(s): California

Overview

In support of a challenge to the termination of Temporary Protected Status for nationals of certain countries that are affected by armed conflict or natural disaster — in this case El Salvador, Haiti, Nicaragua, and Sudan.

 

East Bay Sanctuary Covenant v. Trump
Subject: Interim Final Rule eliminating certain asylum claims
Date Filed: 11/14/18; 12/5/18; 5/15/19; 10/15/19
Leading State(s): Washington
Joining States: Massachusetts, California, New York

Overview

In support of an ACLU case challenging the Administration’s purported termination of asylum claims for those who enter illegally along the southern border.

 

Grace v. Barr
Subject: Asylum
Date Filed: 10/2/18
Leading State(s): Washington, D.C.

Overview

In support of a challenge to the Justice Department imposing a general ban on immigrant asylum claims based on domestic or gang-related violence.

 

Sagat v. Trump
Subject: TPS restrictions
Date Filed: 9/19/18
Leading State(s): Massachusetts

Overview

In support of a challenge to the termination of Temporary Protected Status for nationals of certain countries that are affected by armed conflict or natural disaster—in this case Haiti.

 

Massachusetts v. U.S. Department of Health & Human Services
Subject: Religious exemptions to contraceptive care under the ACA
Date Filed: 10/2/18
Leading State(s): Pennsylvania

Overview

In support of Massachusetts’ suit to stop the federal government from implementing interim rules that authorize most employers with a religious or moral objection to contraception to block their employees, and their employees’ dependents, from receiving health insurance coverage for contraceptive care and services.

 

Azar v. Garza
Subject: HHS abortion policy for unaccompanied immigrant minors
Date Filed: 8/6/18
Leading State(s): New York

Overview

In support of a case challenging the Health & Human Services Policy regarding abortions for unaccompanied immigrant minors.

 

Al Otro Lado, Inc. v. Nielsen
Subject: Policies for processing asylum claims
Date Filed: 2/21/19
Leading State(s): California

Overview

In support of a lawsuit challenging the administration’s “turnback” policy forcing migrants to remain at the border when making an asylum claim.

 

Flores v. Barr
Subject: Detention, treatment of minors at the border
Date Filed: 7/9/19; 1/29/20
Leading State(s): California & Massachusetts

Overview

In support of motion for temporary restraining order to compel compliance with the Flores Agreement related to detention of minors at the border and their treatment while in detention.

 

Baltimore v. Trump
Subject: "Public Charge" definition
Date Filed: 3/22/19
Leading State(s): California, Washington, D.C.

Overview

In support of a challenge to new State Department definitions of "public charge" and "public benefit," which will make admission to the United States more difficult for immigrants from poorer nations.

 

Whole Women's Health Alliance v. Hill
Subject: Access to safe reproductive health care
Date Filed: 8/21/19
Leading State(s): Illinois

Overview

In support of states' interest in protecting the health and safety of residents, including promoting access to safe health care and reproductive health care.

 

Physicians for Social Responsibility v. Wheeler (and 2 related cases)
Subject: EPA advisory committees
Date Filed: 6/21/18; 8/7/18; 9/11/18; 8/19/19; 8/22/19
Leading State(s): Washington
Joining States: California, Illinois, Iowa, Maryland, Massachusetts, New Jersey, New York, Oregon, Pennsylvania Department of Environmental Quality

Overview

In support of a challenge to an Environmental Protection Agency directive barring grant recipients from participating on advisory committees.

 

Zzyym v. Pompeo et al.
Subject: Non-binary gender designation on passports
Date Filed: 5/15/19
Leading State(s): Oregon

Overview

In support of a challenge to the U.S. State Department's refusal to issue a passport with a non-binary gender designation.

 

Weingarten v U.S. Department of Education
Subject: Public Service Loan Forgiveness
Date Filed: 11/22/19
Leading State(s): North Carolina

Overview

In support of student borrower plaintiffs in their challenge over public service loan forgiveness.

 

City of Providence v Barr et al.
Subject: Law enforcement grants
Date Filed: 11/12/19
Leading State(s): New York

Overview

In support of City of Providence's challenge to the Department of Justice's imposition of immigration-related conditions on the Byrne JAG grant program.

 

Allegheny Defense Project v FERC
Subject: FERC tolling during reconsideration
Date Filed: 1/17/20
Leading State(s): Maryland

Overview

In support of a challenge to the Federal Energy Regulatory Commissioin's procedures that allow projects to be approved before opponents can obtain judicial review.

 

Other Amicus against the Trump Administration authored by Washington

The Wilderness Society v. Trump (and related case)
Subject: National Monuments rescission
Date Filed: 11/19/18
Leading State(s): Washington
Joining States: Vermont, Rhode Island, Oregon, New York, New Mexico, Maryland, Maine, Hawaii, Massachusetts, California

Overview

In support of lawsuits challenging the President’s partial rescission of the Bears Ears and Grand Staircase-Escalante National Monuments in Utah.

 

Padilla v. Immigration & Customs Enforcement et al.
Subject: Bond hearings for asylum seekers
Date Filed: 9/4/19
Leading State(s): Washington
Joining States: California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, D.C.

Overview

In support of a challenge arguing that asylum seekers should be provided prompt bond hearings during the pendency of the asylum process.

 

Other Amicus against the Trump Administration

 

Calvillo-Manriquez v. DeVos
Subject: “Partial relief” rule
Date Filed: 10/10/18
Leading State(s): California

Overview

In support of a private class action challenging the Department of Education’s “partial relief” rule for Corinthian Colleges student borrowers.

 

Ostego 2000 et al. v. FERC et al.
Subject: NEPA rules calculating emissions from natural gas pipelines and infrastructure
Date Filed: 12/3/18
Leading State(s): New York

Overview

In support of a challenge to the Federal Energy Regulatory Commission’s announcement that it no longer will evaluate the environmental impacts of upstream or downstream greenhouse gas emissions from natural gas infrastructure projects under the National Environmental Policy Act (NEPA).

 

Inland Empire-Immigrant Youth Collective v. Nielsen
Subject: Automatic termination of DACA status
Date Filed: 12/21/18
Leading State(s): California

Overview

In support of a lawsuit challenging the Department of Homeland Security practice of automatically terminating DACA status when issuing a notice to appear, without any right of review.

 

NRDC and State of Vermont v. EPA et al.
Subject: Mercury reporting rule
Date Filed: 12/14/18
Leading State(s): Oregon

Overview

In support of a challenge to the EPA’s new exemptions to the mercury reporting rule.

 

Clean Wisconsin et al. v. EPA, et al.
Subject: Challenge to designation of certain counties as in attainment of the 2015 ozone NAAQS
Date Filed: 2/1/19
Leading State(s): New York

Overview

In support of a lawsuit challenging some of EPA’s designations of counties “in attainment” of the 2015 ozone National Ambient Air Quality Standards.

 

Planned Parenthood of WI v. Azar
Subject: Title X Funding
Date Filed: 5/15/18; 7/31/18; 9/12/18
Leading State(s): California

Overview

In support of a challenge to the Department of Health & Human Services’ attempt to add application review criteria to Title X family planning funds.

 

Maryland v. DOJ
Subject: Succession of the position of U.S. Attorney General
Date Filed: 11/26/18
Leading State(s): Pennsylvania, Washington, D.C.

Overview

In support of a challenge arguing that the appointment of Acting Attorney General Matthew Whitaker violated U.S. law.

 

Jennings v. Rodriguez
Subject: Guaranteed bond hearings for immigrants in detention
Date Filed: 2/10/17
Leading State(s): California

Overview

In support of the right of detained aliens to have periodic bond hearings during the course of their detention.

 

English v. Trump & Mulvaney
Subject: Appointment power, CFPB succession
Date Filed: 12/8/17; 2/6/18
Leading State(s): California

Overview

In support of a case challenging the appointment of John M. “Mick” Mulvaney as director of the Consumer Financial Protection Bureau.

 

National Fair Housing Alliance v. Carson
Subject: Suspension of the Affirmatively Furthering Fair Housing Rule
Date Filed: 6/5/18
Leading State(s): Maryland

Overview

In support of a case challenging Housing & Urban Development’s decision to suspend implementation of the Affirmatively Furthering Fair Housing Rule, which requires participants to submit fair housing plans, until October of 2020.

 

Aziz v. Trump
Subject: First Travel Ban
Date Filed: 2/9/17
Leading State(s): Illinois, New York, Massachusetts, Pennsylvania

Overview

In support of a challenge to the Trump Administration’s first travel ban.

 

International Refugee Assistance Project (IRAP) v. Trump
Subject: Second Travel Ban
Date Filed: 3/31/17; 4/19/17; 6/12/17; 6/27/17; 9/29/17
Leading State(s): New York, Illinois

Overview

In support of a challenge to the Trump Administration’s second travel ban.

 

Hawaii v. Trump
Subject: Second Travel Ban
Date Filed: 4/20/17; 6/12/17; 7/10/17; 7/15/17; 9/29/17
Leading State(s): New York

Overview

In support of a challenge to the Trump Administration’s second travel ban.

 

Hawaii v. Trump
Subject: Third Travel Ban
Date Filed: 10/31/17; 3/28/18
Leading State(s): New York

Overview

In support of a challenge to the Trump Administration’s third travel ban.

 

City and County of San Francisco v. Barr
Subject: Byrne JAG grants
Date Filed: 5/29/19
Leading State(s): New York

Overview

In support of a challenge to U.S. DOJ imposition of immigration-related conditions on the Byrne JAG grant program.Challenge to U.S. DOJ imposition of immigration-related conditions on the Byrne JAG grant program.

 

African Communities Together v. Trump
Subject: Deferred Enforced Departure protection
Date Filed: 8/2/19
Leading State(s): Massachusetts & Minnesota

Overview

In support of Liberian nationals challenging termination of Deferred Enforced Departure (DED) protection.

 

California Trout v. Hoopa Valley Tribe et al.
Subject: Clean Water Act waivers
Date Filed: 9/27/19
Leading State(s): Oregon

Overview

In support of challenge against the Federal Energy Regulatory Commission arguing that states do not waive the authority to make Clean Water Act certifications when applicants withdraw before the one-year timeframe for state response and then reapply for certification.

 

John Doe No. 1 v. Trump et al.
Subject: Suspension of Immigrant entry due to health care burdens
Date Filed: 11/12/19; 2/6/20
Leading State(s): Oregon & California

Overview

In support of an injuntion against enforcement of Presidential Proclamation No. 9945, titled “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System.” 

 

Deotte v Azar
Subject: ACA contraceptive mandate
Date Filed: 12/20/19
Leading State(s): Massachusettes

Overview

In support of the State of Nevada's appeal of a denial of their motion to intervene to defend the ACA's contraceptive mandate.

 

DHS v Thuraissigiam
Subject: Expedited removal proceedings
Date Filed: 1/20/20
Leading State(s): Illinois

Overview

In support of a challenge to expedited removal prodeedings, arguing plaintiffs are entitled to meaningful review under the Suspension Clause of the Constitution.

 

Make the Road New York v Wolf
Subject: Expedited removal proceedings
Date Filed: 1/23/20
Leading State(s): California

Overview

In support of a challenge to a Department of Homeland Security order expanding the authority for expedited removal of immigrants arriving by land.

 

/Make the Road New York v Pompeo
Subject: Public Charge rule
Date Filed: 2/12/20
Leading State(s): New York, California

Overview

In support of a challenge to U.S. Department of State and Heath & Human Services rules creating a new definition of a public charge.

 

U.T. v Barr
Subject: Third country agreements for asylum seekers
Date Filed: 3/9/20
Leading State(s): California, Washington, D.C.

Overview

In support of a challnge to Department of Justice and Department of Homeland Security rules implementing safe third party agreements allowing removal of asylum seekers to signatory countries.

 

HIAS v Trump
Subject: Refugee resettlement
Date Filed: 6/1/20
Leading State(s): California, Illinois

Overview

In support of a challnge to Executive Order 13888, which permits state and local governmental officials to veto the resettlement of refugees into their state or local community.

 

Successful vs. Unsuccessful

Briefs authored by Washington: 10 successful, 0 unsuccessful

Briefs authored by other states where Washington joined: 21 successful, 11 unsuccessful