Litigation Proves Tough For Border Fence Opponents

Law360 (August 7, 2008, 12:00 AM EDT) -- Environmental groups, property owners and other interested parties are vigorously challenging the construction of a fence along the U.S.-Mexico border, but thus far their claims have largely been shot down by the courts.

The cases brought by fence opponents have been complicated by a provision of the Real ID Act of 2005, which gives the secretary of Homeland Security the authority to waive all laws to ensure expeditious construction of border fences and roads to deter illegal crossings.

The act also limits judicial review of claims...
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