DHS waives environmental laws for border wall

by Rachel Frazin and Zack Budryk - 10/05/23 6:25 PM ET

Energy & Environment

The Big Story

Clean Water Act, Endangered Species Act waived for border wall

The Biden administration is waiving 26 laws, including major environmental statutes, to facilitate the construction of a new section of border wall between the U.S. and Mexico.

The Department of Homeland Security (DHS) announced the move by Secretary Alejandro Mayorkas in a Federal Register Notice.

Mayorkas deemed it “necessary to waive certain laws… in order to ensure the expeditious construction of barriers and roads in the vicinity of the international land border in Starr County, Texas.”

Between the lines:

The waived laws include the Clean Air Act, Clean Water Act, Safe Drinking Water Act, Endangered Species Act and National Environmental Policy Act — the last of which mandates environmental reviews for projects.
Congress appropriated the funds in 2019, and DHS “is required to use those funds for their appropriated purpose,” the notice stated.

Biden told reporters on Wednesday that he was bound by the congressional appropriation.

“The money was appropriated for the border wall. I tried to get them to reappropriate, to redirect that money. They didn’t. They wouldn’t,” he said.

“In the meantime, there’s nothing under the law other than they have to use the money for what it was appropriated for. I can’t stop that.”

Biden was asked whether he thought the border wall was effective and responded “no.”

Welcome to The Hill’s Energy & Environment newsletter, we’re Rachel Frazin and Zack Budryk — keeping you up to speed on the policies impacting everything from oil and gas to new supply chains.

Did someone forward you this newsletter? Subscribe here.

Essential Reads

How policy will affect the energy and environment sectors now and in the future:

Hispanic Catholics, unaffiliated most likely religious groups to acknowledge human-caused climate change

Religiously unaffiliated Americans and Hispanic Catholics are the most likely religious groups to acknowledge climate change is caused by human activity, with Latter-day Saints and white evangelical Protestants the only groups where a majority does not, according to a survey from the Public Religion Research Institute (PRRI).

Full Story

Tropical Storm Philippe could bring rain, heavy winds to New England, Canada

Tropical Storm Philippe is expected to head toward New England and Atlantic Canada this weekend, brining rain and heavy winds.

Full Story

2023 on track to be hottest year on record, data indicate

2023 is on track to be the hottest year on record, following a summer of record-breaking temperatures and a particularly warm September, according to new data.

Full Story

In Other News

Branch out with a different read on The Hill:

Industry ties could muddy US dietary guidelines, watchdog says

A majority of members on a federal panel tasked with providing U.S. dietary guidance have ties to industries with a stake in those decisions, according to a new watchdog report.

Full Story

What We’re Reading

News we’ve flagged from other outlets touching on energy issues, the environment and other topics:

The climate records of House speaker contenders (The Washington Post)
A Uruguayan physicist cracked a major code for renewable energy (NPR)
They Dredged the Mississippi River for Trade. Now a Water Crisis Looms (Bloomberg)

What Others are Reading

Two key stories on The Hill right now:

GOP aims fire at Gaetz after McCarthy ouster

House Republicans are aiming their fire at Rep. Matt Gaetz (R-Fla.) after the congressman staged a successful effort to oust Rep. Kevin McCarthy (R-Calif.) as Speaker, sharply criticizing the Florida Republican for teaming up with Democrats to boot the GOP leader and hurling personal insults his way. Read more