Nov 21st 2007
The Department of Homeland Security is raising the ire of environmental groups with its rapid construction of the border fence along the nation's southern border with Mexico. The groups charge that the Department is trampling over environmental regulations in its rush to erect some 670 miles of physical barriers along the border. The Department plans to have the fencing completed by the end of 2008.
Specifically at issue is Homeland Security Secretary Michael Chertoff's use of his authority to waive any legal requirements that impede construction of the fence. That authority comes from an amendment to the Real ID Act included in 2005 and allows the Secretary to, "waive all legal requirements such Secretary, in [his] sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section." To date, Chertoff has used the authority three times to waive environmental requirements.
Chertoff has used the authority twice this year, most recently to waive a Federal Circuit Court decision blocking construction of the fence in a stretch of the Arizona border. The District Court judge had ruled that the Department neglected to consider the environmental impact of the fence. Rep. John Dingell (D-MI) has asked Chertoff for an explanation by today for the waiver in the Arizona case. In September Chertoff used it to waive requirements of seven separate Federal environmental and historic preservation regulations to expedite construction of the fence through an environmental and research reserve near San Diego, CA. In its defense, the Department states that it includes environmental enhancements in the fence in areas in which it waives environmental review, like holes for lizards to cross through.
Work is proceeding faster than expected on the 700-mile border fence, and this section near Sasabe, Ariz., is nearly done.
Of the 670 total miles of barriers the Department hopes to complete by the end of next year, 300 miles consist of vehicle barriers. These barriers do not impede pedestrians, but they do prevent cars and trucks from crossing the border. They may also serve as corridors for migrating wildlife, shifting them from areas where the fence is a more formidable obstacle.
The Sierra Club and Defenders of Wildlife are challenging the waivers in Federal Court. "This is another example of the federal government riding roughshod over America's treasured lands and legal process in its rush to complete a highly ineffective and controversial border wall," said Matt Clark, a representative of Defenders of Wildlife. The government counters that actions like the waivers and land swaps between agencies allow or the efficient completion of the fence without compromising conflicting Federal interests. In response to a recent land swap between the Department and the U.S. Fish and Wildlife Service, a spokesman for the Fish and Wildlife Service called in a "win-win." "The fence gets built, the D.H.S. meets its mission, and we acquire valuable land," said Jose Viramontes.
[dohtml]<span class="sidenote" title="
"></span>[/dohtml]
The Department of Homeland Security is raising the ire of environmental groups with its rapid construction of the border fence along the nation's southern border with Mexico. The groups charge that the Department is trampling over environmental regulations in its rush to erect some 670 miles of physical barriers along the border. The Department plans to have the fencing completed by the end of 2008.
Specifically at issue is Homeland Security Secretary Michael Chertoff's use of his authority to waive any legal requirements that impede construction of the fence. That authority comes from an amendment to the Real ID Act included in 2005 and allows the Secretary to, "waive all legal requirements such Secretary, in [his] sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section." To date, Chertoff has used the authority three times to waive environmental requirements.
Chertoff has used the authority twice this year, most recently to waive a Federal Circuit Court decision blocking construction of the fence in a stretch of the Arizona border. The District Court judge had ruled that the Department neglected to consider the environmental impact of the fence. Rep. John Dingell (D-MI) has asked Chertoff for an explanation by today for the waiver in the Arizona case. In September Chertoff used it to waive requirements of seven separate Federal environmental and historic preservation regulations to expedite construction of the fence through an environmental and research reserve near San Diego, CA. In its defense, the Department states that it includes environmental enhancements in the fence in areas in which it waives environmental review, like holes for lizards to cross through.
Work is proceeding faster than expected on the 700-mile border fence, and this section near Sasabe, Ariz., is nearly done.
Of the 670 total miles of barriers the Department hopes to complete by the end of next year, 300 miles consist of vehicle barriers. These barriers do not impede pedestrians, but they do prevent cars and trucks from crossing the border. They may also serve as corridors for migrating wildlife, shifting them from areas where the fence is a more formidable obstacle.
The Sierra Club and Defenders of Wildlife are challenging the waivers in Federal Court. "This is another example of the federal government riding roughshod over America's treasured lands and legal process in its rush to complete a highly ineffective and controversial border wall," said Matt Clark, a representative of Defenders of Wildlife. The government counters that actions like the waivers and land swaps between agencies allow or the efficient completion of the fence without compromising conflicting Federal interests. In response to a recent land swap between the Department and the U.S. Fish and Wildlife Service, a spokesman for the Fish and Wildlife Service called in a "win-win." "The fence gets built, the D.H.S. meets its mission, and we acquire valuable land," said Jose Viramontes.
[dohtml]<span class="sidenote" title="
"></span>[/dohtml]