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Trump admin responds to border wall lawsuit by waiving a law at the center of the case
DHS added the Rivers and Harbors Act to its waiver after the Presidio Municipal Development District sued, as the group seeks to block construction over flood concerns.
The Trump administration waived the Rivers and Harbors Act to proceed with the border wall project in the Presidio levee area after being sued over alleged violations of the law.
The Presidio Flood Control Project levee protects about 52 square miles of land in Presidio and is owned by the International Boundary and Water Commission; the lawsuit claims that border wall construction could endanger this flood protection.
Although a $1.2 billion contract was awarded for construction, federal agencies had not finalized detailed project discussions by late March, and wall designs are not yet finalized.
The administration requested that any injunction on construction be limited to the 12.75-mile levee area to avoid broader project delays, while plaintiffs argue this waiver risks flooding and harm to Presidio.