Enviros lose border-fence fight

US Judge Ellen Huvelle tossed out efforts by environmental groups to void a provision of federal law that Homeland Security Secretary Michael Chertoff invoked to build a stretch of border fence in Cochise County, AZ. Judge Huvelle upheld a 2005 law that lets Chertoff unilaterally decide that Homeland Security need not comply with environmental protection laws in building the fence.

In October, Chertoff declared the stretch of the fence along the southern edge of the San Pedro Riparian National Conservation Area exempt from the Endangered Species Act and 19 other federal laws.

Huvelle's decision is a defeat for Defenders of Wildlife and Sierra Club, who had persuaded the judge to temporarily halt construction work in and around the San Pedro River, arguing that the Bureau of Land Management had not conducted the mandated studies. Chertoff, rather than waiting for the case to be heard, instead used the power Congress gave him in the 2005 Real ID Act to waive the requirements—clearing the way for construction to begin.

This marks the third time Chertoff has used his waiver authority. In 2005 he approved construction of fencing near San Diego without environmental studies; and in January 2006 he issued a waiver for a stretch along the edge of the Barry M. Goldwater Range in southwestern Arizona. (Arizona Star, Dec. 20)

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