MISSION, RGV – No Border Wall group founder member Scott Nicol has criticized a ruling by U.S. District Judge Randy Crane regarding the building of a private border wall.
In a ruling given Thursday which went against the U.S. government’s position, Crane lifted a restraining order against a proposed project by Fisher Industries.
Nicol said building a border wall so close to the Rio Grande poses serious flood flood risks.
“He should be removed from the bench,” Nicol said of Crane, disputing claims from Tommy Fisher of Fisher Industries, which plans to build the private border wall.
Fisher Industries is a North Dakota-based construction firm that wants to install three miles (4.8 kilometers) of steel posts about 35 feet (10 meters) from the U.S. bank of the Rio Grande in South Texas.
Nicol said Fisher was wrong when he testified that water would pass harmlessly between bollards.
“Bollard walls in Arizona have repeatedly clogged with debris and dammed water,” Nicol said.
Nicol said Fisher was also wrong when he testified that an endangered ocelot, which is slightly smaller than a bobcat, can squeeze through a five-inch gap between bollards.
‘When the Rio Grande floods and this wall dams water (before it is swept downriver and the bollards impale homes and businesses) Judge Crane should be out there cleaning up the debris, personally paying for the damage, and looking affected people in the eye and trying to justify his ruling,” Nicol said.
In a ruling last Thursday, Crane allowed the border wall plans of Fisher Industries to proceed, the Associated Press reported.
Crane’s ruling actually went against the U.S. government’s position.
The U.S. government sued to stop Fisher on the grounds that building so close to the Rio Grande risked changing the flow of the river and potentially pushing floodwaters into Mexico, in violation of treaty obligations, the Associated Press reported.
The U.S. attorney’s office argued the project could shift the river and the international boundary, which violated the president’s authority “to conduct the foreign relations of the United States.”
According to AP, crews could start building a private border wall in South Texas within the coming days following Crane’s ruling Thursday that lifted a restraining order against the project.
Judge Crane’s order was the second federal ruling in two days in favor of border barriers.
On Wednesday, the 5th U.S. Circuit Court of Appeals lifted a lower court’s stay that had prevented President Donald Trump’s administration from diverting $3.6 billion from military construction projects to fund 175 miles (280 kilometers) of border wall.
Editor’s Note: The above news story includes Associated Press copy from reporters Nomaan Merchant and Kevin Freking.