S.D. California· 2/27/2018

In re Border Infrastructure Envtl. Litig.

Citations

284 F. Supp. 3d 1092

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting that the court \cannot and does not consider whether underlying decisions to construct the border barriers are politically wise or prudent\
noting that the court \cannot and does not consider whether underlying decisions to construct the border barriers are politically wise or prudent\
rejecting ultra vires argument that Secretary exceeded \delegated powers by approving the waivers or executing construction contracts prior to completing the consultation process\ because IIRIRA lacks \a 'clear and mandatory' mandate regarding the timing of consultation\
rejecting ultra vires argument that Secretary exceeded “delegated powers by approving the waivers or executing construction contracts prior to completing the consultation process” because HRIRA lacks “a ‘clear and mandatory’ mandate regarding the timing of consultation”
“[A] Take Care challenge in this case would essentially open the doors to an undisciplined and unguided review process for all decisions made by the Executive Department.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Curiel, Hon

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Cited by

5 cases in this archive cite this case.

Cites

84 cases in this archive are cited by this case; the 20 most cited are listed.

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