toomuchtime_
Gold Member
- Dec 29, 2008
- 20,180
- 5,070
- 280
A federal judge on Friday dealt a win to the Trump administration when he dismissed a lawsuit by a group of butterfly conservationists for wall construction that the group said was expected to run through its property.
The nonprofit association argued that construction must be stopped to prevent the "seizure and destruction" of its property and "adverse environmental impacts" to threatened and endangered species and critical habitats. The suit is related to previously funded wall construction.
Judge Richard Leon said the constitutional arguments made by the North American Butterfly Association didn't hold up. The association's flagship facility is a 100-acre wildlife center -- the National Butterfly Center -- just north of the US border in the Rio Grande Valley of Texas.
"Unfortunately for the Plaintiff, The Fourth Amendment offers little refuge for unenclosed land near one of the country's external borders," wrote the judge. He also said it was "preemptive" to claim that the government deprived the group of property.
The judge also concluded that the Department of Homeland Security secretary has the authority to issue a waiver to a number of environmental laws for construction in the area, dismissing those claims brought by the association. The waiver "extinguishes" the association's claims, Leon wrote.
Judge dismisses wall lawsuit brought by butterfly conservationists
A loss for Nancy and her butterfly people.
The nonprofit association argued that construction must be stopped to prevent the "seizure and destruction" of its property and "adverse environmental impacts" to threatened and endangered species and critical habitats. The suit is related to previously funded wall construction.
Judge Richard Leon said the constitutional arguments made by the North American Butterfly Association didn't hold up. The association's flagship facility is a 100-acre wildlife center -- the National Butterfly Center -- just north of the US border in the Rio Grande Valley of Texas.
"Unfortunately for the Plaintiff, The Fourth Amendment offers little refuge for unenclosed land near one of the country's external borders," wrote the judge. He also said it was "preemptive" to claim that the government deprived the group of property.
The judge also concluded that the Department of Homeland Security secretary has the authority to issue a waiver to a number of environmental laws for construction in the area, dismissing those claims brought by the association. The waiver "extinguishes" the association's claims, Leon wrote.
Judge dismisses wall lawsuit brought by butterfly conservationists
A loss for Nancy and her butterfly people.