Border fence injunction denied in federal court

BROWNSVILLE - An application for injunction filed by several municipalities and environmental groups in Texas over the construction of the border fence was denied Friday by an El Paso district judge.

The nine plaintiffs, including the County of El Paso, Frontera Audubon Society and Friends of Laguna Atascosa National Wildlife Refuge, alleged that the U.S. Department of Homeland Security should not build the fence until complying with relevant environmental laws.

In April, Homeland Security Secretary Michael Chertoff waived more than 30 environmental laws to ensure that the fence would be completed by Congress' Dec 31 deadline.

"The plaintiffs' allegations of harm are...insufficient to establish a concrete or irreparable harm," the court order reads.

The lawsuit was one of the last remaining hopes for Texas environmentalists concerned about the barrier's impact on area wildlife. In June, the Supreme Court declined to hear a lawsuit filed by the Sierra Club and Defenders of Wildlife

"It was one of our last ditch hopes," said Shane Wilson, president of the Friends of Laguna Atascosa. "But it looks like nature doesn't play a part in their decisions."

Brownsville City Commissioner Anthony Troiani advised the mayor and fellow commissioners of the developments in El Paso, noting that El Paso had lost the legal battle against DHS. "Hopefully, we're going to do better," Troiani said. Troiani also pointed out that DHS has not sued Brownsville and that the city's land has not yet been condemned.

-30-

ela