Bush admin waives environmental laws for border fence PDF Print E-mail
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Written by ALLISON WINTER, E&E News PM   
Wednesday, 02 April 2008
The Bush administration announced sweeping plans today to waive more than two dozen laws and regulations so it can finish building hundreds of miles of walls along the U.S.-Mexico border by year's end.

The Department of Homeland Security decision expands the area in which the government will sidestep environmental laws. It would apply to more than 400 miles -- the largest such waiver to date. The Endangered Species Act, National Environmental Policy Act and other environmental laws would not apply to the fence construction.

The Sierra Club and Defenders of Wildlife have sued the government for sidestepping environmental laws for other sections of the fence, some of which run through federal wildlife refuges or conservation areas. They have petitioned the Supreme Court to hear a case challenging the constitutionality of the waivers.

"The DHS waiver is breathtaking in its scope. It waives nearly all legal requirements that would apply to anyone else," Audubon President John Flicker said in a statement. "This decision will cost America dearly, especially when the benefits of the misguided border fence remain uncertain."

Flicker and other environmentalists urged the administration and Congress to reverse course. Some environmental groups oppose the fence itself, which could cut off wildlife migration routes.

Fish and Wildlife Service Director Dale Hall has said the wall would help protect refuges and other federal lands from the trash and destruction that have come with illegal transport across the borders.

Congress previously gave Homeland Security authority to waive federal laws so it could build the fence more quickly. Homeland Security Secretary Michael Chertoff had said the waivers would be used as a last resort but invoked them today.

Rep. Duncan Hunter (R-Calif.), one of the sponsors of the waiver authority, applauded the move, saying it would speed up fence construction that has been delayed for six years.

"Today's action addresses the myriad of obstacles that have delayed the construction of fencing across Smugglers Gulch and other dangerous regions along the border," Hunter said in a statement.

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Last Updated ( Wednesday, 02 April 2008 )
 

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