Missed this over the weekend.
How it’s supposed to be
A federal judge in San Antonio has extended a temporary pause on new ground-disturbance tied to border security construction in and around Big Bend National Park while attorneys on both sides meet to develop a clearer picture of the project and its impacts.
U.S. District Judge Orlando Garcia heard arguments Friday in federal court on an emergency request by the People of La Junta for Preservation, members of the Lipan Apache community and a West Texas outdoor recreation business to halt construction.
The plaintiffs argue the federal government lacks legal authority to carry out the construction in Big Bend National Park and that the project threatens archaeological, cultural and religious sites.
After the hearing, the parties agreed to meet between now and Sept. 15. The court is scheduled to reconvene that day.
State Sen. Roland Gutierrez, one of the attorneys representing the plaintiffs, said the agreement means there will be no new ground-disturbing activity during that period.
“The government has agreed to not move any dirt-moving activities or earth-turning activities whatsoever between now and September the 15th. So that’s a big victory for these folks,” said Gutierrez. “It’s my hope that as we move on in the course of the next few weeks, we can continue to put protections in place that keep this damn wall out of their backyards.”
The lawsuit challenges a June decision by Department of Homeland Security Secretary Markwayne Mullin to waive dozens of federal and state laws to speed construction of border barriers across the Big Bend Sector.
Among the laws waived were the National Environmental Policy Act, Endangered Species Act, Clean Water Act, National Historic Preservation Act and Archaeological Resources Protection Act.
But the plaintiffs say DHS did not waive 16 U.S.C. § 158, a federal statute that assigns the administration, protection and development of Big Bend National Park to the Secretary of the Interior and the National Park Service.
They argue that the National Park Service’s authority remains intact and provides a legal basis for challenging construction in the park.
The lawsuit also alleges the project could interfere with Indigenous religious practices and damage archaeological sites and other resources that cannot be restored once disturbed.
See here, here, and here for the background. Since then, the pause was extended to September 30 by agreement on both sides. There has not been a ruling on the motion for an injunction as a result, but that could come later on. I don’t have a broader point to make, so go visit NoBigBendWall.org for everything else you want to know.