791 F.Supp.3d 29
D.D.C.2025Background
- Congress, exercising its constitutional "power of the purse," required the Office of Management and Budget (OMB) to publicly post federal funding apportionment decisions online within two days, per laws enacted in 2022 and 2023.
- OMB complied until March 2025, when it removed the Public Apportionments Database from the public website, justifying the action as protecting executive deliberative process and privilege.
- Citizens for Responsibility and Ethics in Washington (CREW) and Protect Democracy, two watchdog organizations, filed lawsuits arguing this removal violated the Administrative Procedure Act (APA), Paperwork Reduction Act (PRA), and the statutory disclosure requirements.
- Plaintiffs sought summary judgment and a permanent injunction to restore and maintain public access to the apportionment database; the court considered only the motions for partial summary judgment, finding no disputed material facts.
- The Court analyzed standing (including informational harms), the constitutionality of the disclosure provisions, statutory compliance, and appropriate remedies, including a brief stay for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing (Injury in Fact) | CREW and Protect Democracy have informational and organizational injuries; deprived of information required by statute for oversight and advocacy. | Plaintiffs' injuries are not particularized; harm is general to all public; statutes don’t specifically require disclosure to plaintiffs. | Plaintiffs have informational and organizational standing; injuries are particularized and traceable to agency action. |
| Adequacy of Alternative Remedies | No timely and adequate substitute exists for statutorily required disclosure format and timeline (other databases/FOIA are inadequate). | Plaintiffs can seek info via FOIA requests or alternative reports. | Alternatives are insufficient; timely public disclosure as required by statutes can’t be substituted. |
| Constitutionality: Congressional Mandate for Executive Disclosure | Congress may require public reporting of apportionment decisions; this does not intrude on Executive’s constitutional role. | Required disclosure impairs executive function, encroaches separation of powers, and chills decision-making. | Disclosure laws do not violate separation of powers; reporting does not interfere with Executive Branch execution. |
| Applicability of Executive/Deliberative Privilege | Apportionment documents are final, binding decisions—not predecisional or privileged. | Apportionments are interim, deliberative, and may contain sensitive information; thus privileged. | Deliberative process privilege does not apply; apportionments are final, binding, and not subject to privilege. |
| PRA Violation | Removal of database violates PRA’s dissemination requirement. | No PRA violation—alleged harm is to business model; notice provided after the fact was sufficient. | CREW entitled to judgment on dissemination claim (PRA); not on notice claim (conceded). |
| Permanent Injunction/Public Interest | Removal causes irreparable harm to missions; public interest favors transparency. | No irreparable harm; injunction would burden Executive Branch. | Irreparable harm established; permanent injunction granted; public interest favors enforcement. |
Key Cases Cited
- United States v. Richardson, 418 U.S. 175 (Congress has plenary power to require reporting and accountability for appropriations)
- FEC v. Akins, 524 U.S. 11 (Seeking information required to be disclosed by statute is a cognizable injury)
- Pub. Citizen v. U.S. Dep’t of Justice, 491 U.S. 440 (Deprivation of statutorily mandated information creates injury in fact)
- Immigr. & Naturalization Serv. v. Chadha, 462 U.S. 919 (Separation of powers and assignment of roles)
- United States v. Nixon, 418 U.S. 683 (Scope of executive privilege over presidential communications)
- U.S. Fish & Wildlife Serv. v. Sierra Club, Inc., 592 U.S. 261 (Distinguishes between final and predecisional/privileged documents)