Description: Challenge to waivers for construction of border wall projects in California.
People of State of California v. United States
Filing Date Type File Action Taken Summary 09/20/2017 Complaint Download Complaint filed. California and Its Coastal Commission Challenged Waiver for Border Wall Projects, Said Potential Climate Impacts Would Not Be Assessed. The People of the State of California and the California Coastal Commission filed a lawsuit in the federal district court for the Southern District of California alleging that the construction of a border wall and other border barrier projects would violate the National Environmental Policy Act, the Coastal Zone Management Act, and the Administrative Procedure Act. They contended that the Secretary and Acting Secretary of Homeland Security had acted outside their authority in authorizing and waiving review requirements for two border wall projects in California under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The complaint alleged that the impacts of the projects’ construction on climate change would not be quantified or assessed as a result of the waivers. The plaintiffs also asserted that the waivers and the section of the IIRIRA pursuant to which the secretaries acted were unconstitutional.