DHS WAIVES ENVIRONMENTAL LAWS AND RESUMES BUILDING FENCE

**Big Sexy** · 10-25-07, 07:44 PM

DHS WAIVES ENVIRONMENTAL LAWS AND RESUMES BUILDING FENCE ALONG ARIZONA-MEXICO BORDER

Earlier this week, Department of Homeland Security (DHS) Secretary Michael Chertoff invoked his right to waive environmental and other laws and resume fence building along a portion of the Arizona-Mexico border. The move came less than two weeks after environmental groups succeeded in temporarily halting construction of the fence in the San Pedro National Conservation Area.

A federal district court judge granted the environmental groups’ request for a temporary restraining order (TRO) on October 10th. The environmental groups had charged that the government spent only three weeks conducting the environmental impact assessment, and that moving forward with the fence without a thorough assessment could cause “irreparable damage.” In her ruling, the judge acknowledged that the REAL ID Act of 2005 permitted Chertoff simply to waive the laws, and order the fence to be built. On Monday, Chertoff did just that.

Chertoff has said publicly that while the department is trying to respect the environmental process, he is willing to use his waiver authority when it appears that groups are throwing up procedural obstacles simply to delay or stop the fence building.

The environmental groups take issue with the charge. “We can secure our borders while we protect our public lands,” said Sean Sullivan of the Sierra Club, one of the groups that fought for the TRO. “Bulldozing the San Pedro Riparian National Conservation Area and our important environmental protections is not necessary to manage the border.”

The environmental groups are now urging Congress to pass legislation to secure the nation’s borders while minimizing the impact on the environment and the local communities.