{"articles":[{"id":1137,"title":"California Suing Trump Over Border Wall","html_content":"

by Causes | 9.20.17

What’s the story?

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On Wednesday, California Attorney General Xavier Becerra announced the Golden State will sue the Trump administration over the President’s planned \"big beautiful wall\" with Mexico.

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The lawsuit is meant \"to protect the State of California’s residents, natural resources, economic interests, procedural rights, and sovereignty from violations of the United States Constitution\" and violations of federal law.

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\"As a result,\" the Los Angeles Times reported, “the lawsuit alleges the federal government lacks proper environmental analysis of the impact of 400-foot prototypes of the wall currently planned, as well as the 2,000-mile-long final wall.”

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Why does it matter?

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Countable has previously reported on how the Trump administration is waiving a plethora of environmental regulations to construct prototype walls in San Diego and a section of wall in Calexico. To expedite construction of the latter, The Department of Homeland Security waived 28 environmental laws, including the National Environmental Policy Act, Clean Air Act, Archeological Resources Protection Act, and Endangered Species Act.

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The state’s lawsuit questions the constitutionality of these waivers. As the L.A. Times explains, the brief alleges that the \"government violated the U.S. Constitution's separation-of-powers doctrine ‘by vesting in the Executive Branch the power to waive state and local laws, including state criminal law.’\"

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The lawsuit also specifically calls out DHS for deciding to build the walls without complying with the National Environmental Policy Act and Clean Water Act.

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Regarding the Calexico wall, DHS said in an earlier statement that \"while the waiver eliminates DHS’s obligation to comply with various laws with respect to covered projects, the Department remains committed to environmental stewardship with respect to these projects.\"

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The state AG wasn’t convinced. In a statement on Wednesday, Becerra said:

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\"The Trump administration has once again ignored laws it doesn't like in order to resuscitate a campaign talking point to build a wall on our southern border. President Trump has yet to pivot from candidate Trump to leader of a nation built on the rule of law. That's dangerous.\"
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Trump, however, remains committed to fulfilling his campaign promise. Only last week, the President tweeted:

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\"The WALL, which is already under construction in the form of new renovation of old and existing fences and walls, will continue to be built.\"
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The lawsuit requests that the court stop DHS \"from engaging in any and all planning, design and construction activities related to installing barriers along the [U.S.-Mexico] border, including the construction of prototypes\" until the agency fully complies with all environmental laws and federal guidelines.

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What do you think?

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Is DHS right to waive environmental laws to expedite construction of a border wall? Or is the wall a threat to the people and environment of California? Hit the Take Action button, tell your reps, then comment below.

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—Josh Herman

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Related Reading

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DHS Waives Environmental Laws For Border Wall
Trump to Visit Border Today, Updates on the Wall
Trump's Border Wall Will Damage Sacred Indian Burial Grounds
Trump Administration Waives Environmental Laws To Start Border Wall
Border Wall(s) Coming This Summer

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(Photo Credit: mdurson / iStockphoto)

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