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U.S. Waives Environmental Reviews for California Border Wall

/ Source: Associated Press
Image: Border Wall
A U.S. Border Patrol agent walks near the secondary fence separating Tijuana, Mexico, and San Diego in June 2016.Gregory Bull / AP file

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SAN DIEGO — The Trump administration on Tuesday waived environmental laws and other reviews to replace a small stretch of border wall in Calexico, California, the second time it has exercised that authority in less than two months.

Critics said the move was an overreach and a threat to the environment.

Related: Activists Call Border Wall 'Catastrophic' for Environment

The waiver (PDF) extends 3 miles west from the downtown border crossing in the city of 40,000 people, according to a notice in the Federal Register.

Image: Mexico border wall
A U.S.-Mexico border wall painted by members of the Brotherhood Mural organization on July 6 in Tijuana, Mexico.Guillermo Arias / AFP - Getty Images file

The Department of Homeland Security will replace an airstrip landing-mat style fence about 14 feet high with a bollard-style fence up to 25 feet high.

Elaine Duke, the acting Homeland Security secretary, said replacing fence in the area was one of the highest priorities for border security. The government plans to award a contract in November and begin construction in February.

Related: Trump Administration Moves to Build Border Wall Around Environmental Regulations

It marks the seventh time the government has waived environmental reviews under a 2005 law that exempts the government from regulations calling for extensive reviews of environmental impacts, as well as a host of other laws.

Last month, Homeland Security waived reviews for a 15-mile stretch in San Diego.

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The nonprofit Center for Biological Diversity has challenged the San Diego waiver in federal court, arguing that the law doesn't apply to replacing barriers. The lawsuit also seeks to block plans to build prototypes in San Diego for what President Donald Trump has called "a big, beautiful wall" with Mexico.

Brian Segee, an attorney for center, said the latest waiver was unconstitutional, but he said he was undecided whether to include it in his lawsuit before U.S. District Judge Gonzalo Curiel, a target of Trump's enduring scorn over lawsuits that alleged fraud at the president's defunct Trump University.

"The Trump administration is willing to ignore the law and destroy the environment in its rush to build a destructive, divisive wall that no one else wants," Segee said.

Homeland Security said that it had made significant gains in the Border Patrol's El Centro, California, sector, which includes Calexico, but that more needs to be done. The Border Patrol made 19,448 arrests during the last fiscal year — less than 5 percent of the total on the border with Mexico.

Downtown Calexico, about 120 miles east of San Diego, has been one of the more challenging area for Border Patrol agents in the area. People who enter the country illegally often try through the highly polluted New River.

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