A federal judge on Monday lifted the final legal barrier to building a triple fence in the southwestern corner of the United States. The Sierra Club and other environmental groups argued that Homeland Security Secretary Michael Chertoff lacked authority to waive environmental and other laws that have delayed completion of 14 miles of additional fencing in San Diego.
The opponents were desirous of an open border and used the environmental groups as cover
In September, Chertoff waived all laws and legal challenges to building the final 3œ-mile leg through coastal wetlands to the Pacific Ocean.
wetlands? The dry hills are "Coastal Sage Scrub" a distinct habitat (I have to deal with this stuff all the time...)
U.S. District Judge Larry Burns said Congress clearly delegated the authority to Chertoff in June. He noted that the executive branch already had significant jurisdiction over national security and immigration policy.
Cory Briggs, an attorney representing the environmental groups, said he was undecided whether to appeal. "I'm not surprised," Briggs said. "If I were a judge, I would have great problems declaring a law unconstitutional." Litigation has stalled the project since it was approved by Congress in 1996. Last year, the California Coastal Commission refused to grant permits, saying damage to sensitive habitats outweighed security benefits.
so sad....you're authority's no good here
The Sierra Club lawsuit, filed in February 2004, said the project threatened the Tijuana River estuary, home to more than 370 migratory and native birds, six of them endangered.
half a mile or more away
The final leg of the fence would cross steep, rugged canyons including "Smuggler's Gulch," a maze of trails long overrun by illegal border crossers. The federal government launched a crackdown in 1994, erecting a steel wall made of surplus Navy landing mats, adding patrols and installing lights and motion sensors.
Known as Operation Gatekeeper, the effort forced smugglers and migrants inland to sparsely populated highlands and deserts. The 2006 Homeland Security budget includes $35 million to cover most of the work.
Gatekeeper's done wonders
The project would require crews to move 2.1 million cubic yards of dirt in Smuggler's Gulch alone, or enough to fill about 300,000 dump trucks.
Rep. Duncan Hunter, R-El Cajon, introduced legislation last month that calls for a 2,000-mile fence from the Pacific Ocean to the Gulf of Mexico.
The usual naysayers will say that can't be done as well
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