DHS WAIVES ENVIRONMENTAL LAWS AND RESUMES BUILDING FENCE ALONG ARIZONA-MEXICO BORDER
Earlier this week, Department of Homeland Security (DHS) Secretary Michael Chertoff invoked his right to waive environmental and other laws and resume fence building along a portion of the Arizona-Mexico border. The move came less than two weeks after environmental groups succeeded in temporarily halting construction of the fence in the San Pedro National Conservation Area.
A federal district court judge granted the environmental groups’ request for a temporary restraining order (TRO) on October 10th. The environmental groups had charged that the government spent only three weeks conducting the environmental impact assessment, and that moving forward with the fence without a thorough assessment could cause “irreparable damage.” In her ruling, the judge acknowledged that the REAL ID Act of 2005 permitted Chertoff simply to waive the laws, and order the fence to be built. On Monday, Chertoff did just that.
Chertoff has said publicly that while the department is trying to respect the environmental process, he is willing to use his waiver authority when it appears that groups are throwing up procedural obstacles simply to delay or stop the fence building.
The environmental groups take issue with the charge. “We can secure our borders while we protect our public lands,” said Sean Sullivan of the Sierra Club, one of the groups that fought for the TRO. “Bulldozing the San Pedro Riparian National Conservation Area and our important environmental protections is not necessary to manage the border.”
The environmental groups are now urging Congress to pass legislation to secure the nation’s borders while minimizing the impact on the environment and the local communities.
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10-25-07 08:42 PM #1
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Dhs Waives Environmental Laws And Resumes Building Fence
BIG SEXY says - "When life hands you lemons, take those same lemons & smash them into lifes' ugly *** mugg!! That'll learn'em to give you lemons."
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10-25-07 11:40 PM #2
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Curious for purely academic reasons. What law 'did' he waive, and what 'other' laws can he just wave?
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10-26-07 12:19 AM #3
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The National Environmental Policy Act (NEPA) requires environmental impact statements; the Sierra Club, etc. claimed the government was not complying because of their quick assessment.
Originally Posted by ngcsubutterbar
HR 1268 (basically the REAL ID Act as part of an appropriations bill) section 102(c)(1):
(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive all legal requirements such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section. Any such decision by the Secretary shall be effective upon being published in the Federal Register.
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10-26-07 12:22 AM #4
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So purely only for construction of border defenses and roads?
GeorgiaCarry.org is an influential civil rights organization committed to not resting until the State of Georgia ceases all infringements upon the people's natural right to keep and bear arms that is protected by both the constitutions of Georgia and the USA. It's members include prominent legislators, captains of industry, members of the armed forces, police officers, parents, academics, lawyers, and citizens from all walks of life.
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10-26-07 12:27 AM #5
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That's what it looks like, although it appears to cover any law which would interfere (contracting regulations, OSHA, etc. could fall under it, for example).
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10-26-07 12:35 AM #6
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Also says notwithstanding other laws, so heres to hoping it won't trump the constitution. Gotta love riders.
GeorgiaCarry.org is an influential civil rights organization committed to not resting until the State of Georgia ceases all infringements upon the people's natural right to keep and bear arms that is protected by both the constitutions of Georgia and the USA. It's members include prominent legislators, captains of industry, members of the armed forces, police officers, parents, academics, lawyers, and citizens from all walks of life.
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