As Border Wall Plans Progress, the White House Flouts Environmental Laws

Officials confirm the bird-rich Santa Ana National Wildlife Refuge is the 'probable' starting point for construction.

More than two years after President Trump boasted of his plans to build a between the United States and Mexico, his administration is adopting a stealthier approachducking dozens of environmental rulesto make the promise a reality. And it looks like one of the country's best birding sites will be up first. 

To fast-track the process, the White House is targeting public tractseven those set aside specifically for conservation. Nearly all Texas border lands are private, and seizing property through eminent domain is controversial and costly. But rather than waiting to go through the courts, in July the U.S. Army Corps of Engineers at the Santa Ana National Wildlife Refuge in South Texas to help choose suitable materials for a three-mile-long wall through the 2,088-acre haven, where more than 400 bird species have been observed. Documents published by the  show that the goal is to finish the $45-million segment by July 2019. Its about expediency, says Scott Nicol, co-chair of the Sierra Clubs Borderlands team. The administration might even bypass an environmental impact statement by invoking a 12-year-old anti-terror act.  (Last week a federal official  is the probable starting point; and U.S. Fish and Wildlife Service, which  on nearby refuges a decade ago, stated it would cooperate.)

Not all construction on private land is on hold, either. Around the same time the Army Corps started poking around Santa Ana, contractors with U.S. Customs and Border Protection (CBP) were sawing down habitat and widening a road at the National Butterfly Center in nearby Mission, Texas. While the 100-acre tract is owned by the North American Butterfly Association, CBP can claim access to any private property within 25 miles of the border to maintain levees for flood-control purposes. The nonprofit recently  against the Department of Homeland Security (DHS) to argue that the agency has gone way beyond that scope.

If true, it would be keeping with other DHS actions. This August the department including the Endangered Species Act and the Migratory Bird Treaty Actto speed up the construction of eight prototypes for the wall on federal land near the San Diego-Tijuana border, in a region that contains critical habitat for the Coastal California Gnatcatcher, the Quino checkerspot butterfly, and other threatened and endangered species. The models were paid out from CBPs 2017 budgetat a total price tag of $3.3 millionand were .

With these plans underway, Trump can point to tangible progress on his pet project. But a major challenge looms on Capitol Hill: A $1.6 billion down payment for the wall is still awaiting Senate approval. Though the House  ago, experts say its unlikely to pass both chambers; Democrats despise the idea, and the GOP is far from unified in support.

But wildlife advocates are still holding their breaths. Both Santa Ana National Wildlife Refuge and the National Butterfly Center are part of a 230,000-acre  in the Lower Rio Grande Valley thats taken decades and millions of dollars to stitch together. Existing portions of wall built during the Obama administration are already preventing some animals in the Valley from accessing the river and escaping floodwaters. All told, the documents published by the Observer show, the administration plans to build 15 segments of border wall through 33 miles of the Valley.

A longer partition, conservationists argue, will further cut off that corridor and push fragile species like ocelots, jaguars, and Ferruginous Pygmy-Owls closer to the brink. Weve been doing everything we can to mobilize opposition and head off any possible construction, Nicol says. At summers end, he and more than 600 birders and demonstrators  to show that the consequences of the wall would be big and powerfulbut far from beautiful.