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Feds Turn Over Floodplain Data In Lawsuit Against Our New Border Wall

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Now we’re getting somewhere. We’ll be able to complete our second border wall section once it’s shown that it won’t affect the waterway we’re building next to.

KTSM 9 is reporting:

“McALLEN Texas (Border Report) — The federal government has given hydrology data to the defendants in a lawsuit against a construction firm building a border barrier on private land in South Texas.

But as of Monday, both sides still had not agreed upon amended digging and land-clearing restrictions along the Rio Grande.

U.S. District Judge Randy Crane on Thursday ordered the hydrology information be sent to the defendants in the case brought by the Justice Department against contractors hired by the private nonprofit advocacy group We Build The Wall Inc.

The organization has posted on social media that they are raising millions of dollars online via private donations to build a 3.5-mile-long border wall on the banks of the Rio Grande south of Mission, Texas.

On Thursday, Houston defense lawyer Ernest Fielder told Border Report he would not comment on ongoing litigation.

However, court documents filed Friday in U.S. District Court Southern District of Texas in McAllen indicate that the river mapping data was given that day to the defendants — Fisher Industries; Fisher Sand and Gravel Co.; and Neuhaus and Sons LLC.

The hydrology data, which the Federal Emergency Management Agency possesses and defendants had requested last week, is high-tech mapping equipment that could help to determine if the plans for a private border wall would alter the course of the international waterway. If the private border wall causes water to deflect or redirect then it would violate the United States’ 1970 international water treaty with Mexico.

FEMA has already conducted the mapping study on the river banks utilizing light detection and ranging equipment, also known as LIDAR. This technology is similar to radar and produces high-resolution digital elevation models and can determine if private border wall plans would cause flooding, or change the water’s course by any means.

The lawsuit, which was brought by the U.S. Department of Justice on behalf of the U.S. Section of the International Boundary and Water Commission (IBWC), seeks to halt construction on the international waterway until the IBWC fully reviews the construction plans to ensure there is no flooding or water deflection.

A large swath of the shoreline has been cleared, and lawyers for Fisher Industries in court on Thursday said over 70 construction workers are employed on this job site. Assistant U.S. Attorney E. Paxton Warner told Crane that the land clearing — which began in November — is irreversible and could have already caused unknown damage to the shoreline.

Warner argued in court for Crane to impose stricter digging restrictions while the case is pending.

Crane said he would sign an amended temporary restraining order once both sides agreed to updated language, but court documents indicated they have not come to terms.

“At this time, the United States and the Fisher Defendants are unable to agree to the wording in an amended temporary restraining order,” according to an opposed motion for entry of temporary restraining order filed Friday.

A status hearing on the case is set for Thursday afternoon in McAllen, in Crane’s courtroom, Warner told Border Report.”

DONATE NOW TO BUILD THE WALL WITH BRIAN KOLFAGE, CLICK BELOW:

CHECK DONATIONS:
We Build the Wall, Inc.
PO Box 131567 Houston, Texas 77219-1567

The official wall fundraiser & construction site is at www.webuildthewall.us
Follow Brian Kolfage on Twitter HERE
Like his verified Facebook page HERE

Contacts:
Jennifer Lawrence – Communications Director
[email protected]
Cell: 845-800-1552

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Federal Judge Rips IBWC During Hearing Over Construction Of Our Second Border Wall

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The International Boundary and Water Commission (IBWC) has made it clear that they don’t like us, or that we’re securing our border by building walls. The IBWC is half controlled by Mexico. We have to get permission from them to build if we construct the wall near any waterways connected to Mexico. They’re making us jump through hoops that they haven’t made anyone else jump through. The federal judge ripped into them for that today. If you recall, the IBWC tried to stop us from building a gate at our first border wall in New Mexico because it ended at a dam on the Rio Grande River. We got the job done, though. This case will end the same way. We’ll get our wall in Texas built!

“McAllen, Texas — Despite District Court Judge Randy Crane’s befuddlement over the International Boundary and Water Commission’s (IBWC) treatment of Fisher Industries, contracted by non-profit We Build The Wall to construct a border barrier in Mission, TX in the Rio Grande Valley, the group still won’t be able to build for at least another week.

“I’m concerned that different people are being treated differently,” Crane said to Dr. Padinare Unnikrishna, the IBWC’s Chief of Engineering Services.

Unnikrishna testified for the federal government against Fisher Industries Friday in a hearing that was supposed to decide whether a previous injunction levied by the court would be lifted, allowing the group to build a crucial 3.5 miles of border wall in an area highly trafficked by cartel members and illegal border crossers. The venue for the hearing is the United States District Court for the Southern District of Texas.

Despite Fisher Industries’ compliance with every demand made by the IBWC, and the fact that the IBWC appears to be putting Fisher Industries through the ringer, the court was still bound by The Treaty of Nov. 23, 1970, which gave power to the IBWC to make the final say on who and what can be built in flood plain areas of the Rio Grande Valley.

After coddling by the federal government’s attorneys, Unnikrishna was torn to shreds by Fisher Industries’ lawyers, and eventually Judge Crane himself. Two main topics were at issue: why Fisher Industries was required to provide 1D and 2D environmental impact models for the IBWC to examine when other private organizations have not had to jump through such hoops, and why the IBWC seemingly delayed notifying Fisher Industries of those requirements for more than one month.

“No private organization has ever been required to [provide 1D and 2D models to the IWBC], to the best of your knowledge?” Crane asked Unnikrishna incredulously.

Unnikrishna couldn’t point to a single example, though he said it was common for government organizations like U.S. Customs and Border Protection (CBP) to provide such information to the IBWC.

The gate at the end of our first wall in New Mexico. IBWC tried to stop us from building it because it connected to a dam on the Rio Grande – Photo by Jeff Rainforth for WBTW

Crane pushed, demanding to know what guidelines the IBWC uses to decide what environmental modeling it requires of builders in flood plain areas. He asked about a local shopping mall, which apparently did not have to provide 2D modeling to the IBWC. Then he asked about local residents who build structures or fences on their own property, and whether they had to provide such environmental impact modeling to the organization. Unnikrishna couldn’t define the parameters, eventually agreeing that he does not know “where the line is drawn” by the IBWC.

Intermittently, Crane questioned Unnikrishna about his dealings with Fisher Industries.

Fisher Industries met with the IBWC in El Paso, TX, on Oct. 3, to discuss proposals for a border barrier at the current job site. It wasn’t until more than a month later, in mid-November, that the IBWC told Fisher Industries it would have to provide them with the environmental impact modeling. By that time, land was already being cleared, and the federal government sought an injunction against Fisher Industries and We Build The Wall. The latter organization was eventually dropped as a defendant in the case. Judge Crane seemed perturbed, noting that Unnikrishna and the IBWC likely knew Fisher Industries’ intentions to build a bollard wall on the land, and thus should have informed them of the requirements to build such a structure.

The totality of the testimony was quite suggestive, painting the picture that the IBWC might intentionally be building its own barriers to purposefully slow or halt Fisher Industries’ progress on securing the border at its current job site.

Judge Crane called it a potential due process issue, but was forced to defer to the Treaty, which only allows for building in flood plain arears once the IBWC signs a letter saying building is permitted. After a half-hour recess during which attorneys for all parties were called to Crane’s chambers, Fisher Industries decided to save its witnesses for a continuance hearing next Thursday. The temporary restraining order was upheld, though some land-clearing orders were modified.

The IWBC, which is half-controlled by Mexico, and half-controlled by the United States, has not exactly been friendly to Fisher Industries or We Build The Wall. Combined with the local social justice brigade, the private organizations looking to close the border for the good of the American people have been met with stiff resistance.

Also party to the lawsuit are the National Butterfly Center (NBC), a nature preserve run by an avid leftist by the name of Marianna Trevino Wright, and a second private company, Neuhaus & Sons. Part of the North American Butterfly Association, NBC owns property near Fisher Industries’ worksite, which is on land owned by Neuhaus & Sons. It is concerned with the environmental impact that a wall would potentially cause, and Friday called a witness to testify about those concerns.”

Story compiled by Jeff Rainforth for We Build the Wall, Inc. Follow Jeff on Facebook for live border videos & coverage.

DONATE NOW TO BUILD THE WALL WITH BRIAN KOLFAGE, CLICK BELOW:

CHECK DONATIONS:
We Build the Wall, Inc.
PO Box 131567 Houston, Texas 77219-1567

The official wall fundraiser & construction site is at www.webuildthewall.us
Follow Brian Kolfage on Twitter HERE
Like his verified Facebook page HERE

Contacts:
Jennifer Lawrence – Communications Director
[email protected]
Cell: 845-800-1552

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Arizona Republicans Push Bill Permitting Us To Build Border Wall

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This is how you cut through red tape! We can build the wall much quicker with friends like these!

“More than a dozen Arizona House Republicans introduced a bill on Thursday that would allow private entities to build walls along the U.S.-Mexico border without obtaining the requisite construction permits.

The proposal follows a June pledge from State Representative Warren Petersen to back a bill benefiting We Build the Wall, a nonprofit that has vowed to spend $25 million raised through a GoFundMe campaign to construct segments of border wall on private property.

“I will be introducing legislation next session to make sure that @WeBuildtheWall can erect border walls on private property in AZ without impediment from state or local government,” tweeted Petersen, the House Majority Leader. “Their organization is making a real difference with the border crisis! All with private donations.”

Petersen did not immediately respond to a phone call, text message, or email asking whether his new bill, HB 2084, is the same proposal he promised in June. A statement from Petersen on Friday did not mention We Build the Wall, but explained that the bill will create a “presumption of permission to build the international boundary wall on state land.”

Founded by prominent anti-[illegal]-immigrant activist Brian Kolfage, We Build the Wall grew out of a campaign to raise $1 billion to help pay for President Donald Trump’s border wall. After the Democratic takeover of the U.S. House in 2018, Kolfage instead pledged to use any money raised through a viral GoFundMe campaign to build a border wall on private property.

Kolfage tapped prominent right-wing celebrities to serve as advisory board members, including former Trump adviser Steve Bannon, former Milwaukee County Sheriff David Clarke, Blackwater founder Erik Prince, and Kris Kobach, the former Kansas Secretary of State who helped author Arizona’s SB 1070.

We Build the Wall has already constructed a segment of border fencing on private property in southern New Mexico.”

Story compiled by Jeff Rainforth for We Build the Wall, Inc. Follow Jeff on Facebook for live border videos & coverage.

DONATE NOW TO BUILD THE WALL WITH BRIAN KOLFAGE, CLICK BELOW:

CHECK DONATIONS:
We Build the Wall, Inc.
PO Box 131567 Houston, Texas 77219-1567

The official wall fundraiser & construction site is at www.webuildthewall.us
Follow Brian Kolfage on Twitter HERE
Like his verified Facebook page HERE

Contacts:
Jennifer Lawrence – Communications Director
[email protected]
Cell: 845-800-1552

Facebook Comments

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