ELR Citation: 52 ELR 20125
No(s). 22-cv-141 (DLF) (D.D.C. Nov 14, 2022) (Friedrich, J.)

A district court granted DOD's motion to dismiss a challenge to its decision to halt fence construction along the U.S.-Mexico border in response to President Biden's proclamation declaring an end to the national border emergency. A corporation that owns land adjacent to the fence argued that DOD's decision violated the APA, NEPA, and the ESA. DOD moved to dismiss for lack of standing and failure to state a claim. The court found that the corporation sufficiently alleged standing, but that its claims lacked merit. Once the president declared an end to the national emergency, DOD was legally required to halt construction of the border fence, and thus its actions could not be considered arbitrary or capricious. And because neither NEPA nor the ESA apply to nondiscretionary agency action, the corporation failed to state a claim under either statute. The court dismissed the suit.