U. S. Justice Department Files Lawsuit Against Governor Abbott and State of Texas for Floating Buoys in Rio Grande at Eagle Pass, Texas
By: Ricardo E. Calderon, Eagle Pass Business Journal, Inc., Copyright 2023
The United States Justice Department filed a lawsuit on Monday, July 24, 2023, against Texas Governor Greg Abbott and the State of Texas in the U. S. District Court for the Western District of Texas, Austin Division, in Austin, Texas, because the state has installed and built a floating buoy barrier in the middle of the Rio Grande River without authorization that is legally required under the Rivers and Harbors Act, seeking an injunction to enjoin the building of the floating buoy barriers and to require the state to remove the controversial buoy barriers from the Rio Grande at Eagle Pass, Texas.
“We allege that Texas has flouted federal law by installing a barrier in the Rio Grande without obtaining the required federal authorization,” said Associate Attorney General Vania Gupta.
“This floating barrier poses threats to navigation and public safety and presents humanitarian concerns. Additionally, the presence of the floating barrier has prompted diplomatic protests by Mexico and risks damaging U. S. foreign policy,” added Gupta.
“The Rivers and Harbors Act is clear in prohibiting the placement of any unauthorized barriers or obstructions in the Rio Grande and other navigable waters of the United States,” said Assistant Attorney General Todd Kim of the U. S. Justice Department’s Environment and Natural Resources Division. “We intend to seek the appropriate remedies, including the removal of such obstructions in the Rio Grande,” added Kim.
“The Rio Grande is a significant stretch of the southern border of our country,” said U. S. Attorney Jaime Esparza of the Western District of Texas. “We must all recognize that there are laws and policies in place—both domestic and international—to ensure the safety and security of everyone working, living and traveling along the river. These laws cannot be ignored, and my office will take and support the appropriate legal action to uphold them,” added Esparza.
The federal lawsuit alleges that during early July 2023, the state of Texas began installing and building the floating buoy barrier in the Rio Grande at Eagle Pass, Texas approximately two miles south of the City of Eagle Pass Camino Real International Bridge. The lawsuit further alleges that Governor Abbott has said the state of Texas may build more barriers as part of a broader effort called “Operation Lone Star,” which includes placing concertina wire on the banks of the Rio Grande at the U.S.-Mexico border.
Prior to filing the federal lawsuit, the U. S. Department of Justice issued a Notice of Prospective Filing of Legal Action Regarding Unlawful Activities in the Rio Grande River to Governor Abbott and Interim Acting Attorney General Angela Colmenero on July 20, 2023, requesting the state of Texas to “expeditiously remove the floating barrier and related structures” on or before July 24, 2023.
Governor Abbott defied the U. S. Department of Justice request to remove the floating buoy barrier in the Rio Grande at Eagle Pass, Texas, and replied that he would see “President Biden” and the U. S. government in Court.
The U. S. Justice Department alleges that the state of Texas installation of the controversial floating buoy barrier in the Rio Grande is “a structure that obstructs the navigable capacity of the Rio Grande River, which is a navigable water of the United States within the meaning of the Rivers and Harbors Act,…raise humanitarian concerns, presents serious risks to public safety and the environment, and may interfere with the federal government’s ability to carry out its official duties.”
The Justice Department also alleges that Mexico filed an international diplomatic complaint with the United States against the state of Texas unlawful building of the controversial floating buoy barrier on the Rio Grande at Eagle Pass, Texas, causing interference with the United States foreign diplomatic relations.
The lawsuit is pending in the U. S. District Court for the Western District of Texas in Austin, Texas.
