Lawsuits over private border wall head back to court
McAllen — Two lawsuits filed against Fisher Industries, which is building a privately funded border wall near Mission, will return to federal court Wednesday.
Both the federal government and the North American Butterfly Association filed lawsuits against Fisher Industries last year.
The federal government accused Fisher Industries of starting construction without permission from the International Boundary and Water Commission, which regulates construction in the Rio Grande floodplain.
The butterfly association warned that building a wall just yards from the Rio Grande could alter the river's flow during a flood — changing the course of the river and, therefore, the border itself.
U.S. District Judge Randy Crane signed a temporary restraining order on Dec. 5, which halted construction.
In January, however, Crane rejected the government's request for a preliminary injunction and the butterfly association's request for another temporary restraining order.
Construction resumed in mid-January.
Both lawsuits remain pending. They're scheduled for a hearing Wednesday at the federal courthouse in McAllen.
Correction: This story included several factual errors.
The privately funded border wall is located near Mission. The International Boundary and Water Commission regulates construction in the Rio Grande floodplain. The name of the organization that filed a lawsuit against Fisher Industries is the North American Butterfly Association.
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