Border Wall Waivers Risk Harm for Border Communities and Environment
Earthjustice blasts new Trump administration efforts to ignore dozens of laws to fast-track harmful border wall construction
Contacts
Geoffrey Nolan, gnolan@earthjustice.org
Today, Secretary of Homeland Security Kristi Noem issued the first waiver of environmental and good governance laws under the second Trump administration to fast-track the construction of new border wall in Southern California. Under a provision of the REAL ID Act, the Department of Homeland Security (DHS) Secretary has the authority to waive any local, state, and federal laws to expedite border infrastructure projects. During the first Trump administration, the Secretary of Homeland Security issued numerous waivers to rapidly construct border barriers on public lands. The waivers announced today came just days after the Senate approved a budget resolution that seeks to enable Congress to allocate billions of taxpayer dollars to fund even more border wall construction, among other proposals.
“Waiving environmental, cultural preservation, and good governance laws that protect clean air and clean water, safeguard precious cultural resources, and preserve vibrant ecosystems and biodiversity will only cause further harm to border communities and ecosystems,” said Earthjustice Associate Legislative Representative Cameron Walkup. “Rather than rushing to spend tens of billions of dollars to help President Trump build even more wasteful border wall through a budget reconciliation package, Congress should focus on rescinding these waivers and remediating the significant damage that has already been caused by the wall.”
The waiver issued today allows the federal government to construct border wall and roads and ignore the protections of 29 laws, including the National Environmental Policy Act (NEPA), the Endangered Species Act, the Clean Water Act, the National Historic Preservation Act, the Safe Drinking Water Act, and the Native American Graves Protection and Repatriation Act.
In September 2023, the U.S. Government Accountability Office (GAO) issued a report documenting the impacts of Trump’s border wall construction on the environment and cultural resources, noting additional actions needed to address and remediate damage from U.S. Customs and Border Protection and the Interior Department.
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