Judge rules that Biden admin violated environmental law in halt of border wall construction

A federal judge rules in favor of southern border rancher, citing violation of environmental law

In a recent ruling, a federal judge sided with a southern border rancher who argued that the Biden administration had violated environmental law in its haste to reverse the previous administration’s border policies in 2021.

Background

The lawsuit, Massachusetts Coalition for Immigration Reform et al. v. U.S. Department of Homeland Security, was filed by Arizona rancher Steven Smith, challenging the Biden administration’s actions. Smith claimed that the Department of Homeland Security (DHS) had failed to conduct a mandatory review required by the National Environmental Policy Act (NEPA) before halting border wall construction, a key project initiated during the Trump era.

According to the Environmental Protection Agency, NEPA mandates that a federal agency must conduct an Environmental Assessment to determine the potential significant effects of a federal action on the human environment.

Judge’s ruling

After a two-day bench trial, Judge Trevor McFadden of the U.S. District Court for the District of Columbia issued a ruling on Friday. The judge concluded that Smith had suffered specific and concrete injuries as a result of DHS’s failure to meet the requirements of NEPA.

The judge also noted that the actions taken by DHS, such as ending the “Remain in Mexico” policy, had indirect effects on population growth.

Impact on the environment and rancher

Smith testified that migrant activity on his ranch had significantly increased after President Joe Biden was elected. He claimed to have encountered illegal immigrants on his property multiple times a month and found trash on a daily basis.

Smith argued that the trash left by the migrants had negative impacts on the environment and his cattle, which were consuming the litter.

Furthermore, Smith stated that water, a scarce resource for cattle and wildlife, was being taken by migrants from a trough on his land. This resulted in Smith losing thousands of gallons of water, which took him days to regain.

Relief for the rancher

The judge ruled that Smith, a resident of Cochise County, had suffered tangible harms due to the migrant crisis and was entitled to relief. The illegal immigrants had trespassed onto his land, stolen his water, and damaged his property.

The ruling stated, “At trial, Smith proved as a matter of fact that his harms traced to migrants who reacted predictably to DHS’s decisions.”

Conclusion

This ruling highlights the importance of considering environmental impacts and adhering to legal requirements when implementing border policies. It also emphasizes the need to address the challenges posed by the migrant crisis while ensuring the protection of the environment and the rights of affected individuals.

SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 13: Climate Action
• SDG 15: Life on Land

2. What specific targets under those SDGs can be identified based on the article’s content?

• SDG 13.2: Integrate climate change measures into national policies, strategies, and planning
• SDG 15.1: Ensure the conservation, restoration, and sustainable use of terrestrial and inland freshwater ecosystems and their services

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator for SDG 13.2: Number of countries that have integrated climate change measures into national policies, strategies, and planning
• Indicator for SDG 15.1: Proportion of important sites for terrestrial and freshwater biodiversity that are covered by protected areas

4. Table: SDGs, Targets, and Indicators

The article highlights the environmental impacts of the Biden administration’s border policies, specifically related to the halting of border wall construction and the increase in migrant activity. These issues are connected to SDG 13: Climate Action and SDG 15: Life on Land.

Based on the content of the article, the specific targets that can be identified are SDG 13.2, which focuses on integrating climate change measures into national policies, strategies, and planning, and SDG 15.1, which aims to ensure the conservation, restoration, and sustainable use of terrestrial and inland freshwater ecosystems and their services.

The article mentions the violation of the National Environmental Policy Act (NEPA), which indicates a failure to conduct an Environmental Assessment to determine the potential environmental effects of the border policies. This can be used as an indicator for measuring progress towards SDG 13.2, specifically the number of countries that have integrated climate change measures into national policies, strategies, and planning.

The article also highlights the negative impacts on the environment and wildlife, such as the trashing of property and the loss of water resources due to migrant activity. These impacts can be used as indicators for measuring progress towards SDG 15.1, particularly the proportion of important sites for terrestrial and freshwater biodiversity that are covered by protected areas.

Source: foxnews.com