Supreme Court shoots down environmental groups' protest to border fence

The U.S. Supreme Court refused to hear a case Monday questioning the Bush administration's right to waive environmental laws to build the border fence.

Environmental groups were hopeful that their legal challenge would halt construction of 700 miles of fence in the U.S. Southwest, or at least allow environmental agencies more input.

Still, advocates disappointed by Monday's court decision said they would not give up the fight.

"The Supreme Court's decision is unfortunate ... but there are still plenty of avenues to challenge (the fence)," said Oliver Bernstein, spokesman for the Sierra Club, one of the plaintiffs in the lawsuit.

Last year, the Sierra Club and Defenders of Wildlife filed a federal suit challenging the 2005 Real ID Act, which gives U.S. Department of Homeland Security Secretary Michael Chertoff the authority to waive any environmental or other laws to secure the border.

Originally, the organizations sought to stop construction of fencing on the San Pedro Riparian National Conservation Area in Arizona, but when Chertoff invoked his waiver authority, a judge's injunction became moot. The groups then appealed to the Supreme Court.

A DHS spokeswoman said Monday that officials were pleased with the court's decision.

"The American people expect this department to enforce the rule of law at the border. Our efforts to do so sometimes result in lawsuits like this one, which the Court rejected," Laura Keehner said in a statement.

Some environmental advocates are hanging their hopes on a second federal lawsuit, which El Paso and Hudspeth counties and other organizations filed earlier this month.

The suit challenges the constitutionality of Chertoff's waiver of environmental laws in April to expedite construction of the fence in four states, including Texas, and a 22-mile stretch of fencing in Hidalgo County. That case is still pending.

Frontera Audubon Society, Friends of Laguna Atascosa National Wildlife Refuge and Friends of the Wildlife Corridor, all Valley-based organizations, also are plaintiffs in that suit.

The environmental advocates say the fence could severely limit endangered species' access to habitat and fresh water.

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Melissa McEver covers health and environment issues for Valley Freedom Newspapers. She is based in Harlingen and you can reach her at (956) 430-6252.