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Eugene

(61,899 posts)
Mon Feb 11, 2019, 07:53 PM Feb 2019

Appeals court sides with Trump in border wall dispute

Source: The Hill

Appeals court sides with Trump in border wall dispute

BY LYDIA WHEELER AND TIMOTHY CAMA - 02/11/19 01:57 PM EST

President Trump on Monday notched a rare victory in the California-based federal appeals court by winning a dispute over the construction of certain barriers along small stretches of the U.S. border with Mexico.

The 9th Circuit Court of Appeals affirmed a district court ruling that sided with the Trump administration in a lawsuit challenging its authority to waive environmental and public participation laws to expedite the border construction projects.

A three-judge panel ruled 2-1 that the Department of Homeland Security (DHS) has broad authority under the Immigration Reform and Immigrant Responsibility Act of 1996 to construct wall "prototypes,” replace 14 miles of primary fencing near San Diego and replace similar fencing along a three-mile strip close to Calexico, Calif.

A coalition of environmental groups, led by the Center for Biological Diversity, challenged the authority of DHS to waive dozens of laws, including the National Environmental Policy Act, the Endangered Species Act and the Religious Freedom Restoration Act, to make it easier to build the border infrastructure. California Attorney General Xavier Becerra (D) also filed suit.

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Read more: https://thehill.com/regulation/court-battles/429444-appeals-court-sides-with-trump-in-border-wall-prototype-dispute

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Related: In Re Border Infrastructure Environmental Litigation (U.S. 9th Circuit Court of Appeals)

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