October 23, 2007

Chertoff Waives Environmental Rules To Construct Border Fence

Homeland Security Secretary Michael Chertoff yesterday waived environmental laws and circumvented a federal judge's recent ruling to allow the construction of part of a security fence through a federally protected national conservation site on the Arizona-Mexico border.

A federal judge had halted construction earlier this month after the Defenders of Wildlife and the Sierra Club requested a delay, arguing that federal agencies had failed to properly assess the fence's impact on the San Pedro Riparian National Conservation Area, located in Cochise County, Ariz.

Chertoff, invoking his right to sidestep environmental rules in order to build the border fence under the 2005 REAL ID Act, said further disruption of the fence's construction would cause "unacceptable risks to our nation’s security." In an interview with AP following the court's Oct. 11 decision to delay construction, Chertoff explained, "I have to say to myself, 'Yes, I don't want to disturb the habitat of a lizard, but am I prepared to pay human lives to do that?'"

Chertoff's decision to waive environmental laws predictably drew sharp criticism from pro-environment groups but will probably win kudos from border security hard-liners who have often complained about delays in construction of the fence.

Posted at 4:10 PM
Posted to: Bush Administration, Homeland Security, Immigration
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