| unique and biologically diverse, with more than 250 species of migratory birds.
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Posted on 06/23/2008 10:22:54 AM PDT by Mr. Mojo
WASHINGTON (Reuters) - The Supreme Court rejected on Monday a legal challenge by two environmental groups to the U.S. Homeland Security secretary's decision to waive 19 federal laws so a fence could be built on the Arizona-Mexico border.
The high court refused to hear an appeal by Defenders of Wildlife and the Sierra Club challenging a 2005 law that Secretary Michael Chertoff invoked on the grounds that it violated the constitutional separation of powers principles.
The Republican-led Congress in 2005 gave Chertoff the power to waive environmental and other laws to build fences and other border barriers in an effort to stop the flow of illegal immigrants into the United States.
Chertoff has issued a number of waivers for the planned barrier fence along the Mexican border. In April, he issued waivers for various projects across nearly 500 miles in California, Arizona, New Mexico and Texas.
The two environmental groups argued that Chertoff's waiver in their case represented an unconstitutional repeal of federal laws. The waiver provision amounted to an unconstitutional delegation of legislative power to Chertoff, with only limited judicial review of his decision, they said.
In the Arizona case, Chertoff issued the waiver in October after a federal judge ruled for the environmental groups by temporarily blocking further construction of the fence in a natural conservation area.
The fence was being built in southeastern Arizona in the San Pedro Riparian National Conservation Area, which the environmental groups describe as unique and biologically diverse, with more than 250 species of migratory birds.
(Excerpt) Read more at reuters.com ...
Nice. To think SCOTUS respected Congresses’ right to legislate? I guess we should enjoy it while we can.
| unique and biologically diverse, with more than 250 species of migratory birds.
|
Congressman Billybob
As in ANWR, somehow the mere presence of human construct would somehow be a fatal insult to some animal, somehow, somewhere.
No political agenda being passed off as scientific fact here at all, eh?
So much time was wasted by the Bush administration. Bush and Chertoff had the power but not the will to waive these rules for alomst 20 months before his finger in the wind told him he had to do it.
Damn, I forgot about the damage a border fence would do to birds.
Perhaps we could build the mesh in the wall wide enough to let them through, or dig a series of tiny tunnels or something.
If only there were some way birds could get past a 5m high wall. Think people think! What can we do? Would higher taxes help?
I hope they spent a lot of money.
Fence = bad for environment
Millions of illegal entrants trampling the desert = good for environment
(The dirty little not-so-secret: this is another "environmental issue" thats not about the environment)
Absolutely wonderful news. Hope that they start it ASAP and go at it 24/7.
Absolutely wonderful news. Hope that they start it ASAP and go at it 24/7.
Note to self-The next time I’m in southeastern Arizona in the San Pedro Riparian National Conservation Area remember to bring shotgun.
ping
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It would take one high fence to stop migratory birds.