ELR Citation: 50 ELR 20234
No(s). 19-17501 (9th Cir. Oct 9, 2020)

The Ninth Circuit affirmed, 2-1, a ruling in a lawsuit concerning the Trump Administration's use of military construction funds to build portions of a border wall along the U.S.-Mexico border. States and an environmental group challenged the Administration's authority to divert funds appropriated for other purposes to build portions of the border wall, and sought a permanent injunction. The district court held that the environmental group was entitled to a permanent injunction against the Administration's use of emergency powers to divert the funds, but denied states' request for a separate injunction as duplicative and moot. The appellate court found that plaintiffs had standing and a cause of action to challenge the construction projects, that the president's emergency powers did not authorize the challenged construction, and that the district court did not abuse its discretion in either granting an injunction to the group or in denying a separate injunction to the states. It therefore affirmed the district court ruling.