Judge orders government to share floodplain data with defendants (Fisher) in private border-wall suit

WWLP (McAllen, Texas) ^ | December 12th, 2019 | Sandra Sanchez

[BeauBo]

A judge on Thursday ordered the government to give the results of a hydrology study to the defendants in a federal lawsuit brought by the U.S. Department of Justice over whether the building of a private border wall on private land in South Texas violates an international water treaty with Mexico.

During a Thursday hearing, U.S. District Judge Randy Crane also scheduled another hearing for Dec. 19 and said he will issue a revised temporary restraining order on Friday that further limits deep digging on the private land on the riverbanks of the Rio Grande.

At times, Crane appeared to chastise prosecutors during the 40-minute hearing Thursday at the U.S. District Court for the Southern District of Texas in McAllen. Crane said that since the federal government has brought the lawsuit, then they must give any information that they have on the case to the defendants. That includes information derived from another government agency, the Federal Emergency Management Agency or FEMA.

“The rules of civil procedure require this disclosure by the government.

[BeauBo]

This article gives an unusually complete accounting of what went on in court on Thursday. It appears this (Bush appointed) judge is putting things on a fast track for addressing the substantive issue of the construction design complying with the Treaty requirements about diverting floodwater, or the course of the river.

He has ordered the Government to provide Fisher with the existing Guvernment survey data (LIDAR) that will enable them to quickly ensure (prove) that their engineering design will comply.

The judge ordered the Government to provide the data, or come back to him Tuesday, and he will issue a court order for it. The next hearing is just two days after that, on Thursday. If Fisher gets the data beforehand, substantive argument might be ready by then to advance the ball.

This judge is not slow-rolling the case, but it still will likely slow down Fisher's original schedule. A bit more time here, will likely establish the validity of the design, which could then be replicated along more of the river.

[reintarnation]

Never been to the river border. Are they erecting the wall on the bank, back from the bank, or down the middle of the river?

[Dacula]

I might also add that Mexico has been stealing water from reservoirs further up the Rio Grande and there have never been repercussions against Mexico.

[ptsal]

In eminent domain litigation, these actions by the government is just part of the regular hide-the-ball game.
Sad but true.

[BeauBo]

“Are they (Fisher, We Build the Wall) erecting the wall on the bank, back from the bank, or down the middle of the river?”

Their plan is to build bollards right up close to the river bank, with a concrete patrol road and cleared/lighted observation area on the American side. It may also include grading and cementing the riverbank itself, like a boat ramp. We will likely see a more detailed design in the next week or two, due to this court case.

The Government’s barrier building so far has been basically along the existing levees, which can be over a mile from the river in places.

[BeauBo]

Sounds like this Judge will not tolerate “Hide-the-Ball” by the Government. He only allows the 2-3 days for them to provide the data.

This may be a blessing in disguise, if it validates the design for building right at the river’s edge.

[ptsal]

If FEMA or another agency did the work and produced the files, the information is a public record.

[BeauBo]

Fisher's "Riverwall" concept:

[reintarnation]

thx.

[BeauBo]

“If FEMA or another agency did the work and produced the files, the information is a public record”

Someone at the White House should make a call, to ensure they provide the information quickly and completely.

Maybe the President can raise it at the next cabinet meeting (Make it happen, or you’re fired!)

[ptsal]

Post the question on www.TheDonald.win

[BeauBo]

“Post the question on www.TheDonald.win”

I don’t know how, but would welcome your help.

In the past some freepers have forwarded info in such a way, that it appeared on the President’s twitter within hours. Might have just been coincidence.

[BeauBo]

The high traffic corridor of the Rio Grande Valley has been funded and contracted for effective closure. Construction is scheduled to largely complete in 2020.

2020 money is likely coming soon with the rapid advancement of appropriations bills through Congress, and the likely next priority is just upriver around Laredo - the biggest border city without significant barrier.

Downtown, local businessmen have been bucking for a waterfront development project, right up to the waterline. This case might helpspur the approval of waterfront designs with the IBWC, in time support that vision, and preserve more private property around Laredo, than was in the lower Rio Grande Valley.

Here is what the International border is like around Laredo - heavily vegetated, and poorly served with access road for Border Patrol. It is wide open through the whole urban area, and for dozens of miles on either edge. The Mexican side (Nuevo Laredo) is dominated by a hyper-violent criminal cartel. Border Patrol Officers have to chase guys trough those bushes at night, never knowing which might turn out to be a hardened killer with a knife or a gun, or a gang of backup.

[reintarnation]

Thanks again.
I checked it out on google maps: mission tx.
Very interesting topography, and a tough border to control.