Department of Homeland Security in REAL ID ACT can waive Enviro/other laws

[papau]

Department of Homeland Security in REAL ID ACT can waive Enviro/other laws


It seems that Congress wants to give the Department of Homeland Security even more power -- this time to waive environmental and other laws. Under a provision of the REAL ID Act, now moving through Congress, DHS would have the power to ignore any federal law in border areas. That means that along our entire 7,500 mile border with Mexico and Canada, Homeland Security would be a law unto itself. They could build anything they want in some of the most pristine places in America that happen to meet the Canadian or Mexican border -- Glacier National Park or Organ Pipe Cactus National Monument for instance -- without any environmental review. And speaking of reviews, the law makes DHS's actions unreviewable by any court, including the Supreme Court. That means if the Bush Administration decides to build a wall or a road or anything else, they can do so with impunity -- no matter the environmental consequences. So much for limited government. You'll be hearing from us soon about how you can take action to stop this outrage.

http://www.lcv.org /

[Massacure]

1. Making themselves immune from the supreme court is unconstitutional.

[papau]

2. I hope the USSC does not "defer" to our "security needs"

:-(

[SlipperySlope]

3. Environmental?

Why the emphasis on environmental laws? The statute lets DHS waive any law. That scares me more than an exemption focused on only environmental laws.

Want more?

It is in DHS's sole descretion as to whether a law needs to be waived. They could just a well waive the laws in Kansas and then say with a straight face "in our sole descretion, we need this Kansas law waived for border security".

Want to appeal the waiving of that Kansas law? Sorry, no court has any jursdiction to hear any challenges.