A federal judge has ruled in favor of southern border ranchers who argued that the Biden administration violated environmental laws in 2021 by “rushing to reverse the previous administration's border policies.”
Arizona rancher Stephen Smith was a member of the Massachusetts Coalition for Immigration Reform and others in the lawsuit. v. Department of Homeland Security challenging the Biden administration. The lawsuit alleges that the Department of Homeland Security failed to conduct enforcement reviews required by the National Environmental Policy Act (NEPA) before halting construction of the border wall, a major project of the Trump administration.
According to the Environmental Protection Agency, under NEPA, federal agencies are required to conduct environmental assessments to determine whether federal actions are likely to have a significant impact on the human environment.
After a two-day jury trial, Judge Trevor McFadden of the U.S. District Court for the District of Columbia ruled Friday that Smith “suffered specific and special injuries” as a result of DHS' failure to meet NEPA requirements. handed down the verdict.
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On August 22, 2024, border fence construction materials are left unused on the U.S.-Mexico border in southern Sierra Vista, Arizona. (Rebecca Noble)
The Trump-appointed judge also concluded that actions taken by DHS, such as ending the Remain in Mexico policy, had indirect effects related to population growth.
Smith said immigrant activity on his ranch has “dramatically increased” since the election of President Joe Biden, and that he sees illegal immigrants on his property multiple times a month and on a daily basis. He testified that he started finding trash.
Smith argued that the trash left behind by immigrants was having a negative impact not only on the environment but also on his cows, which were feeding on the trash.
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The rancher also testified that water for cattle and other wildlife is a very scarce resource, and that the settlers fetch water from water troughs on his land. “While this may help a thirsty intruder, Smith would lose 'thousands of gallons of water,'” according to court documents. [him] Days and days to get it back. ”
Border Patrol picks up a group of asylum seekers from an aid camp on the U.S.-Mexico border near Sasabe, Arizona, Wednesday, March 13, 2024. (Justin Hummel)
The judge said Smith, a Cochise County resident, had “suffered demonstrable harm” from the immigration crisis and granted relief after illegal immigrants “trespassed on his land, stole his water, and destroyed his property.” The court ruled that they were entitled to receive the same.
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“At trial, Smith established that his harm was caused by immigrants who reacted predictably to DHS decisions,” the ruling states.
