Choose only one: border security or environmental responsibility
The Bush administration is waiving environmental laws, including the National Environmental Policy Act, in order to finish building the controversial border fence between the U.S. and Mexico.
Secretary of Homeland Security Michael Chertoff released a statement reading in part, "Criminal activity at the border does not stop for endless debate or protracted litigation. Congress and the American public have been adamant that they want and expect border security. We're serious about delivering it, and these waivers will enable important security projects to keep moving forward."
How can the Department of Homeland Security (DHS) get away with this?
Well, Congress granted DHS the ability to waive environmental laws and other restrictions when they passed the REAL ID Act in 2005.
At least two environmental groups, Defenders of Wildlife and the Sierra Club, have filed a petition asking the Supreme Court to hold part of the REAL ID Act unconstitutional as they allow "the DHS secretary unilaterally to repeal laws, threatening the system of checks and balances assured in the Constitution."














Reader Comments (Page 1 of 1)
4-05-2008 @ 1:02PM
Chris V said...
Sorry, I don't buy your framing of the argument.
Illegal immigrants currently stampede through the same sensitive areas where the fence would be built. They drop tons of litter as thousands walk through these areas on a daily basis. They trample and harm sensitive ecological land that is disturbed by human inhabitation. Further, their damage is not just limited to the border areas, but instead goes miles into the US and miles into Mexico. A fence in a small area would limit damage caused by illegal immigrant traffic for hundreds of miles throughout the ecosystem.
Further, we all know that people in the US waste far more resources than people in third-world countries like Mexico. More people in the US means more waste and more damage to the environment than if those people stayed in Mexico.
And finally, the border is not just used by immigrants. It is also the primary means of bringing illegal drugs into our country. Those drugs are not farmed in an environmentally-friendly manner. And, the drug kingpins fight all manner of progress throughout Central and South America, making societal and environmental progress nearly impossible throughout the entire region.
The border fence does far more good for the environment than you give it credit for.
Reply
4-07-2008 @ 9:40AM
Melissa said...
Certainly the colonias and border areas along the security fence are very polluted.
But my argument doesn't rest on whether the border fence itself is a good idea or not; rather, I am arguing that allowing the U.S. to waive environmental regulations to speed the building of the border fence is wrong.
If the border fence is a necessity, then the DHS and EPA ought to work together to build it with an eye toward environmental responsibility.
Agencies ought not be allowed to waive around X or Y law to expedite their projects. Ought we allow the Department of Justice to waive section 5 of the Voting Rights Act when it suits them? Or perhaps we should allow the Department of Health and Human Services to waive provisions of the Americans with Disabilities Act when it suits them...