Environmental laws waived for New Mexico border wall west of Santa Teresa

Jan. 23--Environmental laws were waived Monday for the construction of a new border wall and roads west of Santa Teresa, N.M.

The waiver by U.S. Department of Homeland Security Secretary Kirstjen Nielsen is for the construction of new bollard fencing to replace existing vehicle barriers along the border.

Environmentalists said they are concerned about the department's waiver of more than 30 laws and regulations intended to protect clean water, endangered wildlife and public lands.

"The Trump administration is stopping at nothing to ram through this destructive border wall," said Brian Segee, a senior attorney with the Center for Biological Diversity.

"Trump's divisive border wall is a humanitarian and environmental disaster, and it won't do anything to stop illegal drug or human smuggling," Segee said in a statement.

The Tucson-based Center for Biological Diversity is considering whether to challenge the waiver in court.

According to the department's notice in the Federal Register, the new bollard fencing will replace vehicle barriers extending about 20 miles from the Santa Teresa border crossing. It will extend west to Border Monument 10.

"Vehicle barrier replacement in the El Paso Sector is among DHS's highest priority border security requirements," said the department, which described the bollard-style fencing as a "bollard wall."

Similar bollard fences are made of tall, metal slats often buried into the ground at several locations along the U.S.-Mexico border, including the El Paso area.

Current vehicle barriers are meant to stop vehicles, but a person can usually walk around or climb over them. Some vehicle barrier Normandy fences are made of metal posts that look like large jacks or X's.

The Border Patrol has made "significant gains in border security within the El Paso Sector; however, more work needs to be done," the Department of Homeland Security stated. "In fact, in recent years, the El Paso Sector has seen an increase in apprehensions."

The department stated that the western part of the construction area is desert, "where there is little to no natural terrain that deters illegal crossings."

The 2005 Real ID Act gave the Homeland Security secretary discretion to waive laws for border infrastructure construction.

During the George W. Bush administration, then-Secretary Michael Chertoff invoked waivers five times for border infrastructure construction, the Arizona Republic reported.

Environmental activists have said that the border wall could negatively impact wildlife ecosystems by blocking animals, including Mexican gray wolves.

Last year, the Center for Biological Diversity filed a lawsuit challenging the Trump administration's use of the environmental law waivers to replace border walls near San Diego.

The lawsuit claims that the wall violates the Endangered Species Act and that waiver authority expired years ago and is an unconstitutional delegation of power to the Department of Homeland Security.

The center stated that a federal court hearing on the case is scheduled for Feb. 9 in San Diego.

Daniel Borunda may be reached at 546-6102; dborunda@elpasotimes.com; @BorundaDaniel on Twitter.

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