Tuesday, June 24, 2008

Supreme Court rejects border fence case

The U.S. Supreme Court tossed out a case brought up in order to stop the construction of a 670-mile fence along the U.S.-Mexico border. The case was brought up by environmentalists who argued that part of the barrier built in Arizona’s San Pedro Riparian National Conservation Area would harm wildlife habitats. Furthermore, the litigants argued that environmental assessments were supposed to have been conducted under the National Environmental Policy Act before the fence was built.

Yet the court’s decision, made without comment, acknowledged that Homeland Security's authority to waive laws such as the environmental tests was more important. Since the Real ID Act of 2005 was passed, Homeland Security has been authorized to waive over 30 laws.

Naturally, differing sides of the case had distinct reactions to the justices’ edict:

"This decision leaves one man -- the secretary of the Homeland Security -- with the extraordinary power to ignore any and all of the laws designed to protect the American people, our lands and our natural resources," (Sierra Club spokesman Oliver) Bernstein said…

Rep. Lamar Smith (R-Texas), a proponent of the law, called the court's action "a victory for the American people" and a milestone toward finishing the barrier.

There are still other legal challenges pending against the fence including one by the government of El Paso, Texas.

Image- ENS

Sources- SignOnSanDiego.com, Los Angeles Times, Dallas Morning News, Voice of America, New York Times

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