A coalition of Big Bend residents, a regional preservation group and a national environmental organization has filed a federal lawsuit challenging the Trump administration’s use of regulatory waivers to accelerate border wall construction in West Texas, according to reporting by Marfa Public Radio.
The suit was filed Thursday by a Terlingua-based river guide, the nonprofit Friends of the Ruidosa Church and the Center for Biological Diversity. The plaintiffs argue that the federal government unlawfully bypassed environmental protections to advance plans for a roughly 175-mile stretch of border wall across parts of Hudspeth and Presidio counties.
The legal challenge targets waivers issued in February by former Department of Homeland Security Secretary Kristi Noem. Those waivers allow U.S. Customs and Border Protection to sidestep multiple environmental and wildlife protection laws as it moves forward with construction plans in the Big Bend region.
Plaintiffs contend the wall project would cut through sensitive desert ecosystems and restrict access to portions of the Rio Grande corridor that are central to the region’s tourism economy. The lawsuit also argues the waivers are unconstitutional, asserting that such sweeping federal action requires clear authorization from Congress.
Attorneys involved in the case are advancing a legal argument rooted in the “major questions doctrine,” which holds that federal agencies must have explicit congressional approval when undertaking actions with broad economic or political consequences. The doctrine has been cited in recent high-profile rulings involving federal regulatory authority.
Federal officials have indicated in recent weeks that wall construction is not currently planned within Big Bend National Park or Big Bend Ranch State Park, though the waivers apply to surrounding areas and do not permanently rule out future construction.
Opposition to the border wall plan has grown across the region, with local governments and law enforcement officials raising concerns about environmental damage and the project’s effectiveness in rugged terrain. Some officials have argued that surveillance technology would provide a more practical approach to border security in the area.
In Presidio, local leaders are examining potential flood risks associated with wall construction along the Rio Grande. The city recently approved a measure to commission a flood risk assessment as concerns mount about impacts to existing infrastructure.
Advocates opposing the wall have also pointed to ongoing federal planning efforts on private land in the region, arguing that construction remains a possibility despite shifting priorities.
