State of North Dakota v. United States Department of Interior et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
State of North Dakota, 	)
)
Plaintiff, 	)
)
v. 	)
) 	ORDER LIFTING STAY AND FOR
The United States Department of the 	) 	PROPOSED DEADLINES
Interior; Doug Burgum, in his official 	)
capacity as Secretary of the Interior; 	)
The Bureau of Land Management; 	)
Jon Raby, exercising the delegated 	)
authority of the Director of the Bureau of 	)
Land Management; and Sonya Germann, 	)
in her official capacity as the Director of 	)
the Montana-Dakotas Bureau of Land 	)
Management, 	)
)
Defendants, 	)
)
and 	)
)
Center for Biological Diversity; Sierra Club; )
Western Organization of Resource Councils; ) 	Case No.: 1:21-cv-00148
and Dakota Resource Council, 	)
)
Intervenor-Defendants. 	)
On October 7, 2025, Defendants filed a Motion for Extension of Time and to Stay
Deadlines. (Doc. No. 195). Therein, Defendants advised that a response to Plaintiff’s Motion to
Compel Compliance with Preliminary Injunction and Subsequent Orders Regarding Status
Reports, was due by October 10, 2025. On September 30, 2025, appropriations funding the
Department of Justice lapsed, resulting in Department of Justice attorneys and employees of the
Federal Defendants being prohibited from working, except in limited circumstances. Accordingly,
Defendants requested a stay of the deadline to respond to the Motion to Compel Compliance with
Preliminary Injunction and Subsequent Orders Regarding Status Reports, until appropriations
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were restored. Defendants advised that if the motion were granted, counsel would notify the Court
as soon as funds were appropriated to the Department and requested that all current deadlines be
extended to commensurate with the duration of the lapse in appropriations.
On October 8, 2025, the court granted Defendants’ motion and directed that Defendants’
deadline to file a response to the Motion to Compel Compliance with Preliminary Injunction and
Subsequent Orders Regarding Status Reports be stayed pending further motion or order of the
court. To date, the Defendants have not advised the court that appropriations have been allocated.
However, upon the passage of a continuing resolution on November 11, 2025, funds were
reappropriated to the Department of Justice.
Based on the lack of notification from Defendants and the court’s knowledge that funds
have been appropriated, the court shall lift the stay. The parties shall submit any proposed
extension of deadlines to the court by March 16, 2026.
IT IS SO ORDERED.
Dated this 10th day of March, 2026.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:21-cv-00148-DMT-CRH Document 198 Filed 03/10/26 Page 2 of 2