Contacts:
AFGE: Tim Kauffman, [email protected]
AFSCME: Zach Hudson, [email protected]
NFFE: Matt Dorsey, [email protected]
NTEU: Jack Delaney, [email protected]
WWP: Erik Molvar, [email protected]
Democracy Forward: [email protected]
SAN FRANCISCO – A federal court has ordered the Trump-Vance administration to stop implementing an unlawful reorganization of the U.S. Department of Agriculture (USDA). The lawsuit, filed by labor unions, nonprofit organizations, and cities and counties from across the country, asked the court to halt the closure of offices and facilities and the forced relocations of USDA employees implementing the USDA Reorganization Plan, despite Congress expressly prohibiting such action absent congressional approval.
The ruling from the U.S. District Court for the Northern District of California says in part, “on the facts of this case, the most appropriate remedy is indeed to stay USDA’s reorganization expenditures, full stop.” The ruling enjoins USDA from closing or eliminating offices, or relocating or reassigning employees outside of their local commuting areas, and outside the national capital region. Relocations to another duty station for employees currently within the commuting area of the national capital region will be permitted. The ruling applies to USDA’s Food and Nutrition Administration; Research, Education, and Economics mission area; Foreign Agricultural Service; Rural Development mission area; Farm Production and Conservation mission area; Office of the General Counsel; and Office of the Assistant Secretary for Civil Rights.
The court found that the overhaul of USDA’s structure is being implemented through “reprogramming,” or using federal funds for purposes other than Congress authorized. “Congress did not contemplate USDA using its appropriated funds to shut down offices or relocate employees,” the ruling states.
The underlying complaint names USDA and Secretary Brooke Rollins as defendants. The union plaintiffs are the American Federation of Government Employees, AFL-CIO (AFGE); the American Federation of State, County and Municipal Employees, AFL-CIO (AFSCME); the National Federation of Federal Employees, IAM, AFL-CIO (NFFE); and the National Treasury Employees Union (NTEU). Together, the four unions speak for USDA employees in nearly every corner of the department this reorganization touches.
The full coalition also includes the County of Santa Clara, California; the City and County of San Francisco, California; Prince George’s County, Maryland; the Alliance of Crop, Soil and Environmental Science Societies; the American Geophysical Union; the Coalition to Protect America’s National Parks; NRDC (Natural Resources Defense Council); and Western Watersheds Project. Altshuler Berzon LLP is lead counsel for the plaintiff coalition, with support from Democracy Forward.
In response to today’s ruling, the coalition issued the following statement:
“This is a welcome reprieve to the Trump-Vance administration’s reckless, unlawful, and disruptive reorganization of USDA. The department provides vital services across America, supporting rural communities, protecting our food supply, feeding families, advancing agricultural research, guarding our forests and public lands, and so much more. We look forward to achieving more permanent relief and continuing to fight for American families, farmers, and workers.”
USDA’s reorganization plan would close or sharply cut capacity at offices and facilities across the department. It would eliminate the Beltsville Agricultural Research Center, the nation’s premier agricultural research facility. It would move the Forest Service headquarters from Washington, D.C., to Salt Lake City, close all nine Forest Service regional offices, and shut 23 research locations across 15 states. The plan would close five of seven regional offices of the Food and Nutrition Administration (FNA) and require employees to relocate across the country, undermining the effective administration of critical nutrition programs like the Supplemental Nutrition Assistance Program (SNAP) and Special Supplemental Nutrition Program for Women, Infants, and Children (WIC). WIC alone supports more than 40% of infants in the United States. USDA’s plan would also ship Foreign Agricultural Service employees – whose work focuses on international trade – to Kansas City and relocate Rural Development and Farm Production and Conservation national functions away from the national capital region.
The relocations and resulting workforce attrition would have made the food on American tables less safe, wildfires harder to fight, and rural communities wait longer for help, all while leaving farmers with less support. The lawsuit alleges that USDA knew forced relocation would drive out its experienced people and never once studied what losing that expertise would do to the department’s ability to meet its statutory obligations.
“Congress told USDA in plain language that it could not close offices and uproot its workforce without permission. USDA did it anyway, so AFGE and our partners took them to court. These forced moves were never about efficiency. They were about pushing experienced people out the door.” said Everett Kelley, President of the American Federation of Government Employees. “Today’s ruling keeps those workers on the job serving the American people, and AFGE and our allies will keep fighting for as long as it takes to make sure this administration follows the law.”
“The administration’s attempt to gut this essential agency is blatantly illegal, and we’re thankful the court has stopped it, for now, from proceeding with a reckless plan that would threaten public benefits like SNAP, endanger public safety by hindering wildfire response, and hurt American farmers at a time working families can least afford it,” said AFSCME President Patrick Moran. “Forcing nonpartisan public service workers, including many AFSCME members, to choose between their jobs and uprooting their families to move across the country would undermine the essential services USDA provides. We will keep fighting to protect these AFSCME members and the vital services they provide to rural communities and farmers nationwide.”
“Since this so-called realignment was announced, NFFE, our fellow federal unions, and partners across the country have fought tirelessly to stop the USDA from being dismantled,” said NFFE National President Randy Erwin. “The agency’s mission, along with the critical services provided by NFFE-IAM members at the U.S. Forest Service, is far too critical to be damaged by the Trump Administration. This reckless and unlawful plan threatened that mission, and we are pleased to see the court agrees. NFFE and our partners will continue to stand up for the nonpartisan, dedicated USDA employees who keep our communities and public lands safe.”
“Congress acted to protect the USDA, including the dedicated workers at the Food and Nutrition Administration," said Doreen Greenwald, President of the National Treasury Employees Union. “Congress’s words, thanks to the federal district court’s ruling, mean something — here, that the Administration’s illegal reorganization cannot move forward.”
“Federal land management agencies are under siege, and the Trump administration is doing its utmost to get rid of experienced regulators and scientists in its push to maximize the commercial exploitation of our nation’s public-land legacy,” said Erik Molvar, executive director of Western Watersheds Project. “We’re delighted that the courts have once again stepped in to stop the bloodletting, to make sure that Forest Service offices aren’t gutted of employees, and to halt the closure of research facilities.”
“The actions of this Administration to reorganize USDA are a ruse for forcing employees to quit, because they work on programs (like feeding low-income women and children, protecting our forests, or scientific research) that this Administration opposes for political reasons. That is unlawful,” said Corinne Johnson, Altshuler Berzon partner. “Congress, not the President, still determines the mission and functions of federal agencies created by statute, and Congress has drawn the line to say no to this reorganization. On behalf of our clients, we will continue to ask the courts to hold that line.”
“The court’s stay of USDA’s forced relocation plans will allow the essential work of the department and its employees to continue, protecting the families and communities across the nation that rely on its vital work. Democracy Forward is honored to work with an extraordinary coalition to protect civil servants from unlawful attacks that will undermine USDA’s ability to provide crucial services to the American people. We are grateful that the court paused the government’s destructive plans while the case proceeds and we are eager to argue this case in court,” said Elena Goldstein, a Legal Director at Democracy Forward.
Read the court’s order here.
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The American Federation of Government Employees (AFGE) is the largest federal employee union, representing more than 820,000 workers in the federal government and the government of the District of Columbia. For the latest AFGE news and information, visit the AFGE Media Center.
AFSCME's 1.4 million members provide the vital services that make America happen. With members in communities across the nation, serving in hundreds of different occupations — from nurses to corrections officers, child care providers to sanitation workers — AFSCME advocates for fairness in the workplace, excellence in public services and freedom and opportunity for all working families.
Established in 1917, the National Federation of Federal Employees is America’s first union representing civil service federal employees. NFFE represents approximately 110,000 federal employees in 35 departments and agencies government-wide. NFFE is affiliated with the International Association of Machinists and Aerospace Workers, AFL-CIO. For more information, go to www.nffe.org.
National Treasury Employees Union (NTEU) is the second largest union of federal workers, representing federal employees in 38 agencies and departments. NTEU members are law enforcement officers, scientists, attorneys, cyber-security experts, revenue agents, food inspectors, bank examiners, park rangers, tax examiners, and others who ensure our government works for the American people. For more information, visit www.nteu.org.
Altshuler Berzon LLP is a law firm dedicated to providing the highest quality representation in the service of economic justice and the public interest. Altshuler Berzon specializes in labor and employment, constitutional, environmental, civil rights, class action, campaign and election, and impact litigation at both the trial and appellate levels. For more information, visit www.altber.com.
Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org
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