Final miles of border fence get green light

Supreme Court ignores environmental concerns

by Sean Holstege

The U.S. Supreme Court removed the last legal hurdle to building the remaining 340 miles of a U.S.-Mexican border fence when the court refused Monday to hear a case challenging the government's go-ahead order.

Homeland Security Secretary Michael Chertoff had waived three dozen environmental- and cultural-protection laws in April, declaring the fence a national-security priority. Chertoff said the waiver, authorized by Congress, was the only way to ensure completion of a 670-mile border-fence project by January.

The government plans to add 58 miles of fences and barriers along Arizona's 380-mile border with Mexico. About 204 miles of fences or barriers currently exists along the Arizona border. 

Sen. Jon Kyl hailed the decision as "very useful" and said he hopes the work will get done on time.

Sean Sullivan, who chairs the Sierra Club's border committee, called the ruling "very disappointing," adding, "Our last hopes are now with Congress" passing future restrictions.

Environmentalists at Defenders of Wildlife had sued to stop construction in Arizona's San Pedro River, calling the waiver an unconstitutional abuse of power. Ecologists say the barriers threaten the existence of endangered animals such as jaguars.

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