By admin 
WASHINGTON (Gray DC) – A Texas economic development group sued the Trump administration on Wednesday, challenging a border wall project that it claims is illegal and increases the risk of flooding.
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The Presidio Municipal Development District alleges in the lawsuit, filed in the U.S. District Court for the District of Columbia, that the Department of Homeland Security and Customs and Border Protection (CBP) violated federal law by not obtaining required permissions for the project, which is set to be built over a levee system.
“We’re just asking the federal government to do the flood safety review that the law requires for any modifications to a federal levee,” said John T. Kennedy, the executive director for the development district.
Presidio Mayor John Ferguson also said he is worried about the project’s impacts on the levee that he said has helped protect the city in the past.
“If we were to have a border wall, it could be catastrophic,” he said. “…When you when you factor in having a border wall, that would be stopping up the flow of of arroyos and creeks that join into the Rio Grande, I think Presidio could potentially be in a lot of trouble if when the next major flooding event occurs.”
Washington-based liberal legal group Democracy Forward is representing the group in the case and is seeking emergency relief from a judge to block the construction of the project.
“The Trump administration is engaged in border wall construction that’s unlawful,” said said Skye Perryman, the president of legal group. “It hasn’t gone through the processes to have the Army Corps of Engineers weigh in on the types of on the type of construction that it’s doing, and it doesn’t have authority to it doesn’t have authority to move forward with the wall and the construction itself.”
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For months, Kennedy said that the group has struggled to get flood risk assessments for the project from CBP, the International Boundary and Water Commission and the US Army Corps of Engineers.
“The city and the Presidio Municipal Development District, we’ve jointly commissioned our own flood study with an engineering firm to actually look at the flood risk. And this is work that should be done by the federal government. But since they’re not willing to share their homework, or we don’t even know if they’ve started their homework yet, but we’re not going to sit around and wait for the for the rains” he said.
A Customs and Border Protection spokesperson said that the agency cannot comment on pending litigation but provided a statement that said it is continuing to finalize plans for border wall construction in the Big Bend region.
“While there are priorities for new border wall and detection technology in USBP’s Big Bend Sector, the combination of barriers, roads, and technology (cameras, infrared illuminators, and other detection technology) in the areas adjacent to the Big Bend National Park and State Park are still in the planning stages,” the statement said.
Both Kennedy and Mayor Ferguson said the lawsuit is not about politics or border policy.
“We are 100% for border security,” said Ferguson. “And you’ll find that same sentiment agreed upon by local sheriffs and likely even the Border Patrol. They’ll tell you that things are basically under control here. And so this construction really is not being asked for. And the numbers don’t support it either.”
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