WASHINGTON (Legal Newsline) – The owner of a butterfly center in South Texas alleges that the proposed border wall would cut off two-thirds of its property.
North American Butterfly Association filed a complaint on Dec. 11 in the U.S. District Court for the District of Columbia against U.S. Department of Homeland Security Secretary Kirstjen M. Nielsen; U.S. Customers and Border Protection Act Commissioner Kevin M. McAleenan; et al. over alleged violation of the National Environmental Policy Act and Endangered Species Act.
According to the complaint, the plaintiff alleges that defendants' agencies and their agents and contractors have allegedly entered, damaged and destroyed NABA's private property without authorization or permission for the preparation of the construction of a border wall, which has been designated to run through the Butterfly Center.
The plaintiff alleges the defendants failed to comply with the requirements of the Constitution and laws of the United States in relation to the border wall preparation activities and failed to take any steps to secure permission for their conduct or mitigate the harm they have caused. The plaintiff also alleges the defendants have failed to conduct the necessary environment analysis.
The plaintiff seeks injunctive and declaratory relief, to enjoin construction of the wall unless the defendants comply with the NEPA and the ESA, award of costs of litigation, and grant such other and further relief as the court may deem just and proper. It is represented by Timothy K. Beeken of Debevoise & Plimpton LLP in New York.
U.S. District Court for the District of Columbia case number 1:17-cv-02651-RJL