US to skirt environmental laws to fence border

Opponents fear wildlife disruption and damaged land

The Department of Homeland Security has built 309 miles of border fence. It wants to build 670 miles of fence by year end. (Denis Poroy/Associated Press/File)

WASHINGTON - In an aggressive move to finish building 670 miles of border fence by the end of 2008, the Department of Homeland Security announced yesterday that it would waive federal environmental laws to meet that goal.

The two waivers, allowing the department to slash through a thicket of environmental and cultural laws, would be the most expansive to date, encompassing land in California, New Mexico, Arizona, and Texas that stretches about 470 miles.

The waivers are controversial with environmentalists and border communities, which see them as a federal imposition that could damage the land and disrupt wildlife. But they are praised by conservatives who championed the 2006 Secure Fence Act, despite the reluctance of President Bush, who has said a broader approach is needed to deal with illegal immigration.

Republicans greeted the news with satisfaction. "It's great. This is the priority area where most of the illegal activity is going on and where most of the deaths are occurring," said Representative Brian P. Bilbray, Republican of California and chairman of the Immigration Reform Caucus.

Wildlife groups reacted with dismay. Brian Segee, a lawyer with Defenders of Wildlife, said, "It's dangerous, it's arrogant, it's going to have pronounced environmental impacts, and it won't do a thing to address the problems of undocumented immigrants or address border security problems."

The waivers are intended to clear the way for fencing to block pedestrians and cars, as well as for extra camera, towers, and roads near the border.

A special waiver was issued for a project in Hidalgo County, Texas, that would combine levees and a barrier.

Congress gave Homeland Security Secretary Michael Chertoff the power to waive federal law in order to build the fence quickly. Since construction began, the department has faced opposition from local communities and has had to go to court against more than 50 property owners simply to survey land to determine whether it is suitable for a fence.

The department has built 309 miles of fence.