EPA Faults DHS on Secure Fence Act Planning

Prior to the April 1 waivers, Environmental Protection Agency staff published their comments on Environmental Assessments produced by e2m, a DHS contractor. On a range of issues, EPA faulted DHS planning for Secure Fence Act construction.

Responding to the Marfa Sector EA, for example, EPA argued that "In some instances, it provides no information on existing conditions in the project area…In others, it draws conclusions that are unexplained…Impacts are acknowledged, but not identified…Conclusions are stated without…analysis."

EPA recommended a full Environmental Impact Statement, or a revised EA.

Among specific EPA objections to the Marfa Environmental Assessment:

1. "…limited" consideration of alternatives suggests avoidance of NEPA rules, and that the Marfa EA may have been written "to justify an earlier decision."

2. "…relative terms like minor, major, perceptible, short-term, and long-term…are not defined…to determine whether the potential impacts are significant…"

3. The effects of barriers on "…animal movements, access to water resources, or maintenance of genetic diversity" are not considered.

4. "Cumulative" impacts…from California to Texas…are not considered."

5. "There is no information indicating the type of fence that will be used…"

6. Detailed criteria are not provided to "explain the placement of the sections."

7. NEPA requires consideration of "No Action," but "current operational activities" are not described.

8. The Marfa EA argues that additional field agents in place of barriers would not meet USBP "screening criteria," but these criteria are not defined.

9. "There is no information describing the effect on flooding…into Mexico or other areas that may or may not currently be subject to flooding."

10. The Marfa EA predicts but does not describe "adverse disproportionate impacts on minority or low-income populations."

EPA comments on the Marfa Sector EA included 41 recommendations, including formation of a "Community Advisory Board" for local residents "to monitor progress and identify potential community concerns…"

DHS subsequently waived NEPA regulations for Secure Fence Act construction.

Nat Stone