Government Can Waive Environmental Laws To Build Border Wall Prototypes, Court Rules

U.S. Department of Homeland Security Secretary Kirstjen Nielsen speaks in front of a newly fortified border wall structure in Calexico, Calif. in October. A federal court ruled Monday that DHS has broad authority to waive environmental regulations in the name of border security.

Gregory Bull / AP

The Trump administration was within its rights to waive dozens of environmental laws to fast track some border construction projects in southern California, a federal appeals court has ruled.

The Department of Homeland Security said in 2017 it would bypass various environmental regulations — including the National Environmental Policy Act, Clean Air Act, and Endangered Species Act — to quickly construct barriers and roads near the U.S.-Mexico border, NPR reported. By granting itself the waiver, the government avoided the requirement to complete environmental impact studies. Environmental advocacy groups and the state of California quickly challenged the waiver in court, arguing the agency overstepped its authority.

The court ruled Monday that the agency has “a broad grant of authority” to waive environmental statutes if the director finds it necessary to quickly complete security projects. The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 explicitly gave the government that power, the court said.