A federal judge could be the deciding factor as to whether Texas will be forced to remove its barrier of buoys along the Rio Grande River near Eagle Pass determining that Texas overstepped its constitutional authority.
U.S. District Judge David Ezra will be determining the outcome of a lawsuit filed by the Biden administration against Governor Greg Abbott in late July over the state’s floating barriers arguing it violates international and federal law. The DOJ says Texas’ construction of the buoys violates the Rivers and Harbor Act and that the state did not obtain a prior permit from the U.S. Army Corp of Engineers.
Federal attorneys asked the courts to stop Texas from putting any more barriers in the water and to remove the current stretch of buoys at its own expense. Arguments were heard on Tuesday.
Depending on the ruling, the case is likely to be appealed. Abbott vowed to take the lawsuit to the U.S. Supreme Court if necessary.
During a joint press conference in Eagle Pass on Monday, Abbott was joined by governors from Iowa, Nebraska, South Dakota and Oklahoma to fire back against criticism of the buoys.
Abbott said the treaty between the United States and Mexico specifically references buoys as a device allowed in these waters and are not a deterrent to navigable waters.
The judge asked for counsel to submit written closing arguments by 4 p.m. Friday, and made a point that his decision will be based on the facts of the case and not politics.