The Legal Dispute
The lawsuit was brought by the Center for Biological Diversity, Friends of the Ruidosa Church, and Danny Miller, a river guide who owns property in the area. The plaintiffs challenged three waivers issued by the Department of Homeland Security under a 1996 federal law that allowed the government to evade environmental and conservation laws to expedite construction of roads and barriers.
The waivers were issued by then-Homeland Security Secretary Kristi Noem in February and her successor Markwayne Mullin in May and July. Judge Cardone invalidated the waivers on Oct. 2, saying the secretary lacked such sweeping powers.