Federal agencies reached a deal Thursday with environmental groups who had sued Trump over his decision to redirect billions towards building a wall at the U.S.–Mexico border.
The Defenders of Wildlife, Animal Legal Defense Fund, and the Center for Biological Diversity took the U.S. Army Corps of Engineers and the departments of defense, homeland security, and interior to federal court in 2019 after Trump declared a national emergency.
The settlement allows for restoration of environmental damages caused by the construction. It allows for assessment of wildlife habitat disruption and avenues to public participation in federal restoration efforts.
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The wall was a campaign promise and policy goal for the former president and his allies. It was essential to stop illegal migration and narcotics tradeking. Critics argued that the wall was inefficient and would have disastrous effects on ecosystems.
Brian Segee, a senior lawyer with the Center for Biological Diversity, stated in a statement that the wall and its infrastructure (lights and roads) have left a monstrous scar on one of the most biodiverse areas of the continent. “Now federal agencies will need to assess the damage and begin the critical work of trying to repair this humanitarian and environmental catastrophe.
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Trump’s 2019 declaration that a national emergency was at the border resulted in $8 billion being redirected for construction of the steel wall bollard wall. Congress had declined to appropriate the $5.7 million he had requested.
Redirected funds were used to fund approved projects at White Sands Missile Range in New Mexico, Holloman Air Force Base and Kirtland Air Force Base. Some of those projects were restored funding.
The 11 border barrier construction projects were funded by the redirected funds. The federal Bureau of Land Management then allocated large swathes of public land in Arizona and New Mexico for construction of wall segments, infrastructure, and roads for border security.
Trump’s successor, Joe Biden, issued an order to halt all border wall construction. He also ordered that military construction funds be stopped from being redirected. The Department of Defense announced last year that it would cancel all border wall construction projects funded with military funds and reclaim $2.2 billion of funds that had been diverted.
Segee pointed out that the settlement does NOT cover funding for border wall construction that Congress had appropriated. These funds are still being used to construct wall segments in Texas.
According to the new administration, some sections of the wall were costing taxpayers. As high as $46 million per mile, with 52 miles that were built during Trump’s presidency.
In 2020, environmental groups filed a second suit against the Trump Administration for increased military spending on the wall. They claimed that it closed off jaguar migration routes. Both of these complaints were resolved by Thursday’s settlement.
Thursday’s agreement obligates the U.S. not to construct a border barrier using redirected military funding and to start remediation and mitigation of any environmental impacts.
These efforts include removing construction materials and equipment from project sites. Contractors often left stacks of steel bollards or rebar at the border.
It calls for specific actions to address erosion, lost vegetation, unstable slopes roads and water crossings, restore wildlife passages and install cattle fencing and guards.
The plaintiff organizations will be asked to contribute to remediation plans based upon assessments of project sites.
The settlement also commits the U.S. Customs and Border Protection agency (CBP) to spending up to $800,000. This will be for a study to assess wildlife impacts of border wall construction. CBP is directing agencies under the Interior Department to work with CBP in this study.
“The wall blocks critical cross-border wildlife corridors, and hinders recovery efforts for endangered species such as the Mexican gray wolf or jaguar,” Mike Senatore, Defenders of Wildlife vice president, stated in a statement.
“It’s not enough”
Kevin Bixby from Wildlife For All (formerly Southwest Environmental Center) has been involved with several lawsuits challenging Trump’s border wall. He pointed out that Judge Ketanji brown Jackson, who is currently a nominee to the U.S. Supreme Court heard one of these cases.
Bixby stated that, while the settlement is welcome, it could not undo the damage caused by the wall to wildlife. “It’s just not going to be enough.”
Bixby said, “We put out like, 20 wildlife cameras near the border in Doa Ana County heading into Luna County.” “We took images of all types of wildlife near the border that would have been impacted. After the workers went home at night, we had images of bobcats perched on top of bulldozers. They were right there at borderline, and wall impacted them all: Mountain lions were there, as well as javelinas, mule deer, badgers bobcats, and coyotes.
Bixby expressed frustration at the fact that lawsuits challenging the wall’s construction would prevail in lower courts. However, the U.S. Supreme Court allowed construction to continue.
He stated, “When Trump left office it was built and the damage was done.” “It’s an unbelievable injustice, and now we’re trying to negotiate how to mitigate it.”
Rep. Yvette Sherrell supports a border wall
It seems that President Biden’s radical allies are using the old tricks of sue and settle to achieve their extreme policy goals,” a southern New Mexico congresswoman said.
U.S. Rep. Yvette Sherrell, R-N.M. represents the congressional district that includes the state’s international borders. Herrell, a former state legislator, is currently serving her first term as a member of Congress. She has been a consistent advocate for the border wall on national security grounds.
Herrell stated in response to the settlement, “At an unprecedented time of illegal immigration and drug traficking, with over 100,000 Americans die from drug overdoses everyyear, Biden and this radical environmentalists place obscure animals and plants above American lives.” “Border security means national security. A wall is needed to protect our country and save lives.
Algernon D’Ammassa can reached at 575-541 5451[email protected]Or @AlgernonWritesFollow us on Twitter.
