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05/29/2026

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Big Bend residents, conservation group challenge Trump border wall plan in court

by LAWIN.news April 17, 2026
written by LAWIN.news April 17, 2026
Photo credit: Houston Public Media
84

Washington, D.C. — A West Texas river guide, a church preservation nonprofit, and a national environmental advocacy group filed a lawsuit Thursday against the Trump administration, challenging regulatory waivers that allow border wall construction in the Big Bend region without full environmental review.

Billy Miller, a Terlingua-based river guide, the nonprofit Friends of the Ruidosa Church, and the Center for Biological Diversity filed the suit in federal court. The plaintiffs argue that the waivers violate federal environmental law and the Constitution by bypassing required regulatory reviews for a planned border wall project.

The lawsuit challenges waivers issued in February by then–Department of Homeland Security Secretary Kristi Noem. The waivers allow U.S. Customs and Border Protection (CBP) to bypass multiple environmental and wildlife protection laws for a planned 175-mile border wall corridor stretching through Hudspeth and Presidio counties in West Texas.

CBP has identified the corridor as part of its border barrier planning in the Big Bend region, including areas near Big Bend Ranch State Park. The agency has said it is not currently building physical barriers inside Big Bend National Park, which is not included in the waivers.

The plaintiffs argue the waivers permit construction that would “cleave through the Chihuahuan Desert and sever public access” to sections of the Rio Grande corridor. They also argue that the administration exceeded its authority by advancing a large-scale border barrier project without clear congressional authorization.

The Center for Biological Diversity said it is applying the “major questions doctrine” in its legal argument, which requires clear congressional approval for federal actions with major economic or political significance. The group cited prior Supreme Court decisions that applied the doctrine in limiting federal regulatory authority.

Miller said in a statement that border wall construction in the region would damage the landscape and disrupt local life.

A CBP spokesperson said the Department of Homeland Security is reviewing the lawsuit and will respond through legal channels.

The Big Bend border wall plan has faced opposition from local governments, law enforcement officials, and advocacy groups. Several county and municipal governments have passed resolutions opposing the project, and some regional sheriffs have argued that surveillance technology would be more effective in the rugged terrain.

CBP internal communications and public statements indicate that some park-area segments are currently a lower priority, though officials have not ruled out future construction. Agency officials have said they will reassess plans after awarding contracts and addressing higher-priority areas.

Local officials in Presidio County have also raised concerns about potential flooding impacts and have commissioned a flood risk assessment related to possible infrastructure changes along the Rio Grande.

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