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Your summer vacation: Eco-friendly or earth-killing indulgence?

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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."

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