Homeland Security Waives Environmental Laws for Arizona Border Wall Expansion
In a move drawing significant attention, the Department of Homeland Security (DHS) has opted to bypass various environmental protection laws to facilitate new border wall construction in Arizona. This decision leverages legislation from the 1990s, granting DHS the ability to circumvent federal requirements such as the National Environmental Policy Act for projects on public lands.
Homeland Security Secretary Kristi Noem recently announced via a Federal Register post that this authority will be used to expedite wall construction in the Yuma Sector, an area straddling Arizona and California. According to Noem, this region has experienced high levels of illegal crossings from 2021 to the present.
Interestingly, despite recent declines in border arrests across all sectors, Noem maintains that there remains an “acute and immediate need” for physical barriers and roadways in Yuma. The decision to waive these environmental regulations coincides with the DHS’s announcement of approximately $4.5 billion in contracts for constructing a so-called smart wall.
Earlier this year, the DHS utilized similar waiver authority to speed up construction efforts in southern Arizona’s San Rafael Valley. This initiative met opposition from environmental groups, who initiated lawsuits to halt the project. Despite these legal challenges, contractors commenced work in September. A federal judge has agreed to temporarily suspend the lawsuit at the behest of federal attorneys, citing the inability to proceed during a government shutdown, though construction activities continue unabated.
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