Regulatory Tracker

NEPA – Department of Homeland Security

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Aug. 2, 2017 John Kelly, former Secretary of the Department of Homeland Security, signs a determination waiving NEPA and most major environmental laws as they relate to construction of barriers and roads near San Diego and the U.S.-Mexico border. Congress grants the Secretary of the Department of Homeland Security this authority in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Sep. 12, 2017 Secretary Kelly signs similar determinations for areas near Calexico. 

Jan. 22, 2018 Secretary Kelly signs similar determinations for areas near the Santa Teresa Land Port of Entry in New Mexico.

These determinations allow DHS to build a border wall without undergoing NEPA review.