U.S. judge tosses out suit against border fence

By Diana Washington Valdez
El Paso Times
Posted: 05/16/2009 12:00:00 AM MDT

EL PASO -- Border fence opponents continue running into roadblocks in the courts, which keep throwing out lawsuits to stop the fence project.

On Friday, U.S. District Judge Reggie B. Walton, in Washington, D.C., ruled the Texas Border Coalition did not have standing to sue because its members were not affected property owners.

The Texas Border Coalition, which represents several mayors and business and community leaders, sued the Homeland Security Department, alleging the department did not fairly negotiate compensation with landowners for access to their land for six-month surveys to choose fence sites.

In September, U.S. District Judge Frank Montalvo dismissed a lawsuit by El Paso County, the city of El Paso, El Paso County Water Improvement District No. 1 and the Ysleta del Sur Pueblo, against the fence construction in El Paso County.

Elhiu Dominguez, spokes man for El Paso County Attorney José Rodriguez, said, "The El Paso County Commissioners had voted to join the Texas Border Coalition lawsuit that (Walton) dismissed. We also had appealed Judge Montalvo's ruling on the other lawsuit to the Supreme Court, and that case is still pending."

El Paso County officials had not seen a copy of Walton's ruling.

Montalvo had ruled that the Department of Homeland Security had the authority to waive environmental laws and other laws to accelerate the construction of the fence.

The Bush administration launched the $2.6 billion project to build 667 miles of fencing and other barriers along the U.S.-Mexico border to reduce illegal immigration.

Border Patrol officials said the 89 miles of fence planned for the El Paso region, at a cost of about $228 million, is nearly finished.

Diana Washington Valdez may be reached at dvaldez@elpasotimes.com; 546-6140.

http://www.elpasotimes.com/ci_12383151