Fence foes fail

Supreme Court refuses to hear a case opposing the construction of a border fence

An appeal by conservation groups failed to reach the highest court in the nation last week, squelching a battle against the Homeland Security Department’s plan to build an enormous fence at the border of the United States and Mexico.

Offering no comment after a decision, the U.S. Supreme Court refused to hear the case brought forth by Sierra Club, San Diego Audubon Society, and other environmental organizations attempting to halt a project that skirts environmental laws. At issue for the groups is a $48.6 million fencing project that would require filling in a canyon at Smuggler’s Gulch, near San Diego.

Homeland Security was granted congressional permission to waive laws and litigation back in 2005. It has since used the authority in areas of California, Arizona, New Mexico and Texas. So far, according to the San Diego Union Tribune, more than 13,000 miles of fencing have been constructed.