Posted by Jonathan Adler:
Eco-Waiver for Border Fence:
http://volokh.com/archives/archive_2007_10_21-2007_10_27.shtml#1193142788


   Earlier this month, a federal court enjoined construction of a border
   fence in southeastern Arizona designed to help keep out illegal
   immigrants, finding the Department of Homeland Security had failed to
   adequately consider potential environmental impacts. But this decision
   will not stop the fence's construction. Yesterday, utilizing authority
   contained in the 2005 law authorizing the fence's construction,
   Homeland Security Secretary [1]Michael Chertoff waived the
   environmental requirements, allowing fence construction to proceed.

References

   1. 
http://www.nytimes.com/2007/10/23/us/23fence.html?ex=1350878400&en=323c0a0db11dc242&ei=5124&partner=permalink&exprod=permalink

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