Environmental Law at the Borders

Abstract

This brief essay provides the legal background of two border projects generating intense environmental controversy--the Project XL pipeline border-crossing permit and the so-called border wall. In both contexts the law affords the Executive Branch a surprising degree of discretion and near-total freedom from environmental regulation. The litigation that has continued since this essay was written thus far confirms that "environmental law at the borders" is remarkably thin in these two contexts.

Keywords: Project XL, Border Wall, Presidential Permit, Waiver