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Judge Delays Part of Ariz.-Mexico Fence
GOPUSA ^ | October 11, 2007 | SUZANNE GAMBOA

Posted on 10/11/2007 7:56:36 AM PDT by yoe

A federal judge temporarily delayed construction Wednesday of a 1.5-mile section of a U.S.-Mexico border fence in a wildlife conservation area on the Arizona-Mexico border.

The Defenders of Wildlife and the Sierra Club had requested a 10-day delay in a motion alleging the Bureau of Land Management and other agencies failed to conduct a thorough study of the fence's effects on the environment.

U.S. District Judge Ellen Segal Huvelle said she granted the delay because the federal government did not explain why it hurried through an environmental assessment and quickly began construction of the fence.

She repeatedly asked the government's attorney, Gregory Page, to explain why the agencies took only three weeks to do the environmental assessment.

She said that amount of time for such a study was unprecedented and said the government was trying to ''ram'' the environmental study through and start construction ''before anyone would wake up.''

Huvelle also questioned why equal urgency was not applied to building border fences in Texas and California.

''The reasons for urgency have not been sufficiently explained,'' Huvelle said.

President Bush signed a law last year ordering the Department of Homeland Security to build 700 miles of fence along the U.S.-Mexico border.

Construction is nearly finished along other parts of the Arizona-Mexico border, but the proposed fence is running into strong opposition in Texas.

Opponents of the fence have said it will interfere with wildlife, disrupt commerce and disturb the bilateral way of life along the border. Supporters say it will curb illegal immigration and is needed for national security.

Page, the government attorney, argued that building the fence at the conservation area would not only address a national security problem but also the environmental problems caused by thousands of illegal immigrants cutting through the conservation area, on foot and car, leaving behind trash and damaging wildlife.

''When you abate a border security problem that itself causes environmental problems, you are acting as a steward of the land,'' Page said.

Huvelle noted her decision could be made moot by Homeland Security Secretary Michael Chertoff, who can waive all environmental laws to build the fence.

She scheduled a conference call with the parties in the case for Thursday afternoon to determine the next steps.


TOPICS: Government; News/Current Events; War on Terror
KEYWORDS: moron; tyrantsinblackrobes
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Judge Ellen Segal Huvelle should ask the environmentalist’s why they have done nothing about the tons on debris left on an otherwise pristine desert by the illegal’s who cross it in droves daily. Private individuals and the Minutemen/women have tried to keep the trash to a minimum.
1 posted on 10/11/2007 7:56:38 AM PDT by yoe
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Comment #2 Removed by Moderator

To: yoe
Huvelle noted her decision could be made moot by Homeland Security Secretary Michael Chertoff, who can waive all environmental laws to build the fence.

I have an opinion of Chertoff that would get me banned.

That something-something should have already waived the environmental laws as a matter of course.

 

3 posted on 10/11/2007 8:04:34 AM PDT by Psycho_Bunny (Islam is a clown car with guns.)
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To: All

Ignore the ruling....


4 posted on 10/11/2007 8:04:41 AM PDT by Maverick68
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To: yoe

Banner days for judges.

Are we angry yet?


5 posted on 10/11/2007 8:05:13 AM PDT by WhistlingPastTheGraveyard (We didn't "win" the Cold War. We had a half-time lead.)
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To: F15Eagle
Please call the Judge, she is being duped by these so called environmentalists who have not done one thing to keep the environment clean for the flora or fauna.

Be polite, I called and was treated very respectfully, please do the same; we are Freepers, we have a reputation to keep.

Judge Ellen Segal Huvelle

Chambers: (202) 354-3230

6 posted on 10/11/2007 8:05:16 AM PDT by yoe ( NO THIRD TERM FOR THE CLINTON'S!!!)
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To: WhistlingPastTheGraveyard

Angry but not surprised.


7 posted on 10/11/2007 8:15:35 AM PDT by rdl6989
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To: yoe

“The Defenders of Wildlife and the Sierra Club had requested a 10-day delay in a motion alleging the Bureau of Land Management and other agencies failed to conduct a thorough study of the fence’s effects on the environment.”

Some FReeper posted pics a while ago of the tons of garbage these scumbag illegals deposited on our US lands as they crossed over into our country.... it was absolutely disgusting.


8 posted on 10/11/2007 8:17:39 AM PDT by taxed2death (A few billion here, a few trillion there...we're all friends right?)
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To: yoe
The Courts have no jurisdiction in matters of national defense. NONE. What's next? Are we going to permit the 9th Circuit to order a troop withdrawal from Iraq? This ruling should be ignored by the Administration. Enough of this phony deference to the Judiciary. We have a tripartite system. The Judiciary is NOT the highest authority, but a co-equal branch. When they rule on matters such as exclusive Executive rights, or such as a state's sanctioning of religious expression (ie. Ten commandments displays), they are out of their jurisdiction and thus their rulings must be nullified. In addition, this rejection should be made publically, to provide a useful civics lesson for Americans who have been brainwashed by this "Judges Uber Alles" propaganda. This is NOT what the founders intended, nor what the Constitution mandates.
9 posted on 10/11/2007 8:17:44 AM PDT by montag813
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To: yoe

Yesterday, a federal judge stopped S.S. from asking employers to verify no-match S.S. numbers as it didn’t first study the impact on employers (and when did the left ever before think that was a factor? i.e. taxes).

Today, another federal judge says the border fence might be disruptive to a desert (what’s a desert but a God-forsaken place with no water and too much dead dirt?).

Do you see a pattern? The left will do and say anything to keep open borders so the USA is flooded with more useless mouths who can be conned into voting Democrat with a promise of freebies. The left loves power, not the USA and its citizens.


10 posted on 10/11/2007 8:20:05 AM PDT by RicocheT
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To: yoe

grrrrrrrrrrrrrrr I’m so sick of these judges!!!! damnit!


11 posted on 10/11/2007 8:22:25 AM PDT by angelcindy (Where's the Fence?????)
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To: yoe

Too many political hacks in black robes.


12 posted on 10/11/2007 8:22:30 AM PDT by Will88
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To: yoe

13 posted on 10/11/2007 8:23:57 AM PDT by Spunky ("Everyone has a freedom of choice, but not of consequences.")
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To: yoe

Yesterday, a federal judge stopped S.S. from asking employers to verify no-match S.S. numbers as it didn’t first study the impact on employers (and when did the left ever before think that was a factor? i.e. taxes).

Today, another federal judge says the border fence might be disruptive to a desert (what’s a desert but a God-forsaken place with no water and too much dead dirt?).

Do you see a pattern? The left will do and say anything to keep open borders so the USA is flooded with more useless mouths who can be conned into voting Democrat with a promise of freebies. The left loves power, not the USA and its citizens.


14 posted on 10/11/2007 8:25:07 AM PDT by RicocheT
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To: All

Crazy idea...
How about we petition to have federal funding cut off for judges who knowingly aid and abet the violation of federal law.....


15 posted on 10/11/2007 8:29:37 AM PDT by xcamel (FDT/2008)
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To: yoe

Beyond time to DEPORT several Clinton-appointed TYRANTS in black robes.


16 posted on 10/11/2007 8:35:45 AM PDT by RasterMaster (Rudy McRomneyson = KENNEDY wing of the Republican Party)
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To: yoe
did not explain why it hurried through an environmental assessment and quickly began construction of the fence

What a stupid statement. They were IN A HURRY. That's why they hurried. They were in a hurry since about 80+% of the country was on their case.

17 posted on 10/11/2007 8:51:53 AM PDT by Right Wing Assault ("..this administration is planning a 'Right Wing Assault' on values and ideals.." - John Kerry)
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To: yoe
''The reasons for urgency have not been sufficiently explained,'' Huvelle said.

Hmmmmmm???

Does anyone know of a really good sphincter relaxing drug we can administer to this dimwit?

18 posted on 10/11/2007 9:02:22 AM PDT by EndWelfareToday (Live free and keep what you earn. - Tancredo or Hunter '08)
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To: xcamel

Bus a $hit load of them to the judges house tell them to camp on her lawn for a spell.


19 posted on 10/11/2007 9:05:21 AM PDT by bikerman (_ _ . /_ _ _ /_ . . / / . . . . / . / . _ . . / . _ _ . / / . . _ / . . . //)
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To: Maverick68
Ignore the ruling....

How many divisions does the Judge have? (to borrow from an old Stalin quote)

20 posted on 10/11/2007 9:25:02 AM PDT by COBOL2Java (The Democrat Party: radical Islam's last hope)
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