Gavin Howe
The construction of the Mexico–United States border wall has raised concerns about the breaking of various environmental, natural resource, and land management laws. The Biden Administration has waived more than two dozen laws that protect air, water and endangered species such as the Clean Air Act, the Endangered Species Act, the National Historic Preservation Act, the Safe Drinking Water Act and the Native American Graves Protection and Repatriation Act. The waiver allows the Secretary of Homeland Security to waive some legal requirements as the Secretary deems necessary to construct barriers and roads to deter illegal entry into the United States.
| Characteristics | Values |
|---|---|
| Environmental laws | National Environmental Policy Act (NEPA) |
| Clean Air Act | |
| Endangered Species Act (ESA) | |
| Native American Graves Protection and Repatriation Act | |
| Safe Drinking Water Act | |
| National Historic Preservation Act | |
| Land management laws | Not specified |
| Natural resource laws | Not specified |
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What You'll Learn
The Clean Air Act
The construction of the Mexico-United States border wall breaks several laws. In order to expedite production, the Biden Administration has waived more than two dozen laws that "protect air, water and endangered species". This includes the Clean Air Act, which is a federal law designed to reduce air pollution and protect and improve the nation's air quality. The Act sets standards for air quality and emissions, and requires states to develop plans to meet these standards. It also establishes a permitting programme to regulate sources of air pollution.
Other laws that have been waived include the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the National Historic Preservation Act, the Safe Drinking Water Act, and the Native American Graves Protection and Repatriation Act. These waivers have been controversial, with some arguing that they undermine important protections for the environment and endangered species.
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The Endangered Species Act
The construction of the Mexico–United States border wall breaks several laws, including the Endangered Species Act. The Endangered Species Act is one of the laws that the Biden Administration has waived in order to expedite the construction of the wall. The waiver allows the Secretary of Homeland Security to waive some legal requirements as they deem necessary to construct barriers and roads to deter illegal entry into the United States. The waiver includes various environmental, natural resource, and land management laws.
The construction of the border wall could potentially harm endangered species and their habitats. For example, filmmaker Krista Schlyer, who is creating a documentary about butterflies and the border wall, estimates that construction would put "70 percent of the preserve habitat" on the Mexican side of the border. This could have a significant impact on endangered species that rely on that habitat for survival.
In addition to the Endangered Species Act, the construction of the border wall also breaks other laws, such as the Clean Air Act, the National Historic Preservation Act, the Safe Drinking Water Act, and the Native American Graves Protection and Repatriation Act. These laws protect air and water quality, historic sites, and Native American graves, respectively.
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The National Historic Preservation Act
The NHPA requires federal agencies to consider the effects of their actions on historic properties and to consult with the Advisory Council on Historic Preservation and other stakeholders to find ways to avoid or mitigate any adverse impacts. This process is known as "Section 106 review", named after the section of the NHPA that established it.
The border wall construction could potentially impact historic properties along the US-Mexico border, including archaeological sites, historic buildings, and cultural landscapes. By waiving the NHPA, the Biden administration is bypassing the Section 106 review process, which could result in the destruction or damage of historic properties without proper consideration of their cultural and historical significance.
The NHPA is just one of many laws that are being waived to expedite the border wall construction. Other laws include the Clean Air Act, the Endangered Species Act, the Safe Drinking Water Act, and the Native American Graves Protection and Repatriation Act. These waivers have been controversial, as they allow the administration to bypass important environmental, cultural, and public health protections in the name of national security.
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The Safe Drinking Water Act
The construction of the Mexico–United States border wall breaks several laws, including the Safe Drinking Water Act. The wall's construction was made possible by a waiver that allows the Secretary of Homeland Security to waive some legal requirements as the Secretary deems necessary to construct barriers and roads to deter illegal entry into the United States. This waiver was derived from Section 102 (c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as amended (“IIRIRA”), an authority granted to the Secretary by Congress.
The Act covers all public water systems, which are defined as systems that provide water for human consumption through pipes or other constructed conveyances to at least 25 people for at least 60 days per year. This includes community water systems, such as municipal water systems, as well as non-community water systems, such as those serving schools, factories, and hospitals.
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The Native American Graves Protection and Repatriation Act
The construction of the Mexico-United States border wall breaks several laws, including the Native American Graves Protection and Repatriation Act.
The Act applies to Native American cultural items and human remains that are excavated or discovered on federal or tribal lands. It requires that museums and federal agencies notify and consult with Native American tribes when they have cultural items or human remains that may be subject to NAGPRA. The Act also establishes a process for the disposition of these items and remains, which includes returning them to the tribes or, if the tribes do not want them, transferring them to a repository for storage.
In the case of the border wall, the construction would break NAGPRA by disturbing and potentially destroying Native American graves and cultural sites. This is because the wall would be built on federal land, and any human remains or cultural items discovered during construction would be subject to the Act. The construction of the wall would also prevent Native Americans from accessing these sites, which are often considered sacred.
The breaking of NAGPRA by the construction of the border wall is a significant issue as it not only violates the rights of Native Americans to protect and preserve their cultural heritage, but it also destroys important archaeological and historical information. This information is crucial for understanding the history and culture of Native Americans, and its loss would be a devastating blow to the Native American community.
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Frequently asked questions
The construction of the Mexico-United States border wall breaks various environmental, natural resource, and land management laws.
The construction breaks the National Environmental Policy Act (NEPA), the Clean Air Act, the Endangered Species Act, and the Safe Drinking Water Act.
The construction breaks the National Historic Preservation Act, the Native American Graves Protection and Repatriation Act, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
No, the waiver does not impact the process required for the acquisition of private property.
