Ag Policy Blog

WASHINGTON (DTN) -- A federal judge on Sept. 2 allowed USDA's reorganization to move forward, rejecting unions' effort to halt the plan through a preliminary injunction. On Tuesday, the unions refiled a separate, more specific lawsuit focused solely on USDA's reorganization.

The case, American Federation of Government Employees (AFGE) v. Trump, sought to halt USDA's relocation to six hubs, along with the associated attrition and loss of employees already working in Washington and across the field.

Rather than allowing the USDA claims to be added to the existing case, U.S. District Judge Susan Illston directed the plaintiffs to file a separate lawsuit.

Last week, Illston said the "proposed new claims about the USDA reorganization do not belong in this case and should be filed as a separate action."

The plaintiffs returned with a case focused solely on USDA rather than the broader group of federal agencies involved in the original litigation. This marks their third attempt.

The plaintiffs in AFGE v. Trump are the American Federation of Government Employees (AFGE), the American Federation of State, County and Municipal Employees (AFSCME) and several other labor and environmental organizations. They argue USDA cannot pursue such a broad restructuring and downsizing effort without congressional authorization, an argument they previously raised before the Supreme Court in Trump v. Slaughter and lost.

In a statement to DTN, a USDA spokesperson said: "USDA continues to work lawfully and thoughtfully to deliver on the president's mandate for better accountability to the American taxpayer. Moving USDA employees closer to the customers they serve is a part of that accountability. The Court did not take issue with that plan."

The rejected motion allows USDA's reorganization to move forward while the new lawsuit proceeds. The department continues to reduce its workforce to meet budget plans, while facing monthly criticism from bipartisan congressional leaders who have raised concerns about staffing changes affecting their constituencies.

In a statement on Tuesday, American Federation of State, County and Municipal Employees President Patrick Moran said: "This illegal reorganization will jeopardize families' access to food and eliminate the jobs of qualified public service workers. Instead of addressing the cost-of-living crisis that is making life unaffordable, the administration is attempting to gut the agency that supports rural communities and strengthens our food supply. We are filing this lawsuit to protect these workers who provide essential services to communities across the country."

The plaintiffs also note Congress rejected the department's requests during the fiscal year 2026 appropriations process.

The legal challenge began in April 2025 after a coalition sued over President Trump's Feb. 11 executive order directing federal agencies to develop workforce reduction and reorganization plans. The plaintiffs argued the order exceeded executive authority by bypassing Congress.

A federal court order initially blocked the reorganization, but the U.S. Supreme Court paused that injunction in July 2025, allowing the administration to proceed while litigation continued.

Read the judge's order here:

https://storage.courtlistener.com/….

Also see "Labor Unions and Nonprofits File Another Motion to Halt USDA's 'Unlawful Reorganization Plan'" here:

https://www.dtnpf.com/….

Jake Zajkowski can be reached at jake.zajkowski@dtn.com

Follow him on social platform X @jzajkow

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