Javier Saldana, left, and Hector Guevara, look over the
U.S.-Mexico border fence into the United States, in an
area known as "Smugglers Gulch" near San Diego in this file photo.
Posted on 12/13/2005 9:30:26 AM PST by bkwells
A federal judge has thrown out what could be the last legal challenge to the completion of a 14-mile stretch of secondary border fence south of San Diego, parts of which had been delayed for environmental reasons.
Judge Larry A. Burns decided yesterday that a waiver of environmental and other laws blocking completion of the fence is not unconstitutional, as alleged by several environmental groups that sued the federal government last year.
A written decision confirming the dismissal of the case is expected tomorrow.
Javier Saldana, left, and Hector Guevara, look over the
U.S.-Mexico border fence into the United States, in an
area known as "Smugglers Gulch" near San Diego in this file photo.
"It's a sad day in our country's constitutional history that the court ruled the way it did," said Cory Briggs, who is representing a half-dozen environmental organizations, including the Sierra Club and the San Diego Audubon Society.
In September, Homeland Security Secretary Michael Chertoff exercised the waiver authority granted to him by the Real ID Act of 2005, national security legislation that was tacked on to a military spending bill. Chertoff's decision essentially waived all laws and legal challenges hindering construction.
The waiver also set a precedent for the government to exercise similar authority in future projects deemed necessary for national security.
Most of the 14-mile fence, begun in 1996, has been completed. But two sections that together span almost five miles have been hotly contested. The most controversial stretch lies near the Tijuana River wetlands. To complete the fence as proposed, a deep canyon known as Smuggler's Gulch must be filled in, requiring the movement of an estimated 2 million cubic yards of earth.
In February 2004, the California Coastal Commission stalled construction after ruling that it would cause environmental damage.
Yesterday, Briggs argued that the waiver authority violated the Constitution by giving excessive power to the executive branch. Burns also listened to arguments from federal government attorneys before ruling against the plaintiffs.
Afterward, Briggs and other attorneys representing the environmental groups said they probably would appeal. Briggs said the judge's final decision will help them in choosing whether to appeal to the 9th Circuit Court or directly to the Supreme Court, as the waiver legislation requires.
The plaintiffs who attended yesterday were angered by the decision.
"Now you can fool with the Clean Water Act, the Clean Air Act," said Mike McCoy of the Southwest Wetlands Interpretive Association, which began work to save the wetlands in the early 1970s. "It endangers the health and welfare of the entire population of this nation."
Homeland Security's budget for fiscal year 2006 sets aside $35 million for the project, although agency officials said last week that it will cost more. The project includes access roads, stadium-style lighting and surveillance cameras.
-------------------------------------------------------------------------------- Leslie Berestein: (619) 542-4579; leslie.berestein@uniontrib.com
ping
Let me guess: protecting the snail darting spotted salamander?
Build it Horse high, Bull Strong ,and Pig tight.
The environmental groups are such flaming hypocrites. They refuse to acknowledge the great amount of environmental harm, not to mention litter, caused by the illegal border crossers, and won't hear a word about the stress all these immigrants are putting on what's left of the resources in California. In reality, a fence is the least of our worries.
Huge applause from California for Judge Larry Burns!
I found it ironic that the Coastal Commission halted the fence when this part of it was several miles away from the coast!
THAT'S the border fence?? Sheesh!
That picture says it all.
A 5 year old child could get over the old fence in a second.
Anybody catch the piece on 60 Minutes last week? The upshot is that the border fences are bad, because it forces illegals to come in across the desert, and many of them die on the trip.
Ahh endangered species! Can anyone actually name any species that have gone extinct in the last ten years?
Note what a hardship it is to climb the dreaded and fearsome San Diego Wall, which is made of rusty old runway mats. The corrogations are even horizontal, to make better toe holds.
Usually, the coyotes have a spotter keep an eye on the USBP vehicles. When the BP SUV drives over a distant hill, the coyotes and drug smugglers know "the coast is clear" for an hour or two.
On this occasion, the civilian volunteers delayed their entry into the USA, and were pelted with baseball sized rocks.
Democrat majority???
please tell me thats the old sections of fence, not the new one they started constructing in the later 1990's. If thats the new fence, god help us all.
>>If thats the new fence, god help us all. <<
Berlin had a pretty nice fence... maybe we should get some German engineers up in here.
but...Travis, GWBush tells us that Mexico is our friend...and that family values don't stop at the Rio Grande...and that they're only coming to work...and that he wants to give guys like this amnesty...
Why is it that when American citizens commit crimes they are punished, yet illegal aliens are the protected class right here in America?
This is invasion without a shot being fired by the cowardly politicians in the White House and Congress. God help America, our leaders won't.
Ughh... it's too short. What I have in mind is like in the movie 'Jurrasic Park'.
Electrified as well, right?
BTW, This Judge was appointed by G.W.B.
Yes, although not lethal.
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