Chertoff May Void Judge's Order to Halt Border Fence

[babylonsister]

I guess acting legally really is passe' with this bunch.

Chertoff May Void Judge's Order to Halt Border Fence
Submitted by davidswanson on Mon, 2007-10-15 18:58. Media

By Howard Fischer, Arizona Daily Star

Phoenix -The nation's top security official may use his power to unilaterally trump a federal court order halting construction of a fence on a stretch of the Arizona-Mexico border.

Homeland Security Secretary Michael Chertoff is weighing whether to invoke a section of federal law that allows him to exempt border construction projects from any law, his press aide, Russ Knocke, told Capitol Media Services. That includes requirements for studies on environmental impacts of federally funded projects.

The move would not be unprecedented: Chertoff used the power at least twice since it was granted.

In 2005 he decided to build fencing near San Diego without conducting environmental studies. And in January he issued a waiver from all laws for a project along the edge of the Barry M. Goldwater Air Force Range in Southwestern Arizona.

The possibility of Chertoff again exempting his agency from environmental laws comes days after a federal judge in Washington stopped construction of a nearly two-mile stretch of fence at the foot of the San Pedro Riparian National Conservation Area southeast of Tucson. The conservation area, designated by Congress in 1988, is described on the U.S. Bureau of Land Management's Web site as ecologically "one of the most important riparian areas in the United States."

The restraining order gives two environmental groups time to convince Judge Ellen Huvelle that plans for vehicle barriers in the river's floodway and washes leading into it will cause erosion and sedimentation that will harm the environment and affect species dependent on the river.

more...

http://www.afterdowningstreet.org/?q=node/27724

[aquart]

1. That man should have been hanging from a tree after New Orleans.

Why did that not happen?

[damntexdem]

2. Can Congress constitutionally give up this degree of control?

Oh, right -- look who's on the SCOTUS!

[suffragette]

3. I wonder if the "section of federal law" is Real ID

If I recall, one of its sections gave the Secretary of Homeland Security the power to do this. This looks exactly like the type of situation planned for by having that be part of the law.
Just one bad part of an atrocious law that should be repealed.

And, yep, that's what it looks like:
" On two occasions in other states, Homeland Security Secretary Michael Chertoff used a provision under the Real ID Act of 2005, a defense bill, to waive environmental regulations to expedite fence construction."
http://www.mysanantonio.com/news/metro/stories/MYSA20071007.01B.Border_Fence.32fe56e.html




Edited to add info and link on Real ID being used this way

[LiberalFighter]

4. Unconstitutional -- Good thing I don't own a gun... Though I would love

to have a laser on board my car.