Arizona v. Mayorkas

The federal district court for the District of Arizona granted in part the federal government’s motion to dismiss Arizona’s lawsuit contending that the federal government failed to comply with the National Environmental Policy Act (NEPA), acted arbitrarily and capriciously, and failed to comply with the Constitution’s Take Care Clause when the Biden administration took immigration-related actions to implement what Arizona called a “Population Augmentation Program.” Actions challenged included the halt of construction on the border wall and the rescission of the Migrant Protection Protocols (which required migrants who passed through Mexico on their way to the U.S. to remain in Mexico during immigrating proceedings). The State alleged that these actions would result in additional migrants entering the United States and Arizona, which would have a “direct and substantial impact on the environment in Arizona,” including increases in “the release of pollutants, carbon dioxide, and other greenhouse gases into the atmosphere, which directly affects air quality.” The court found that Arizona failed to state a claim that defendants violated NEPA by failing to prepare a programmatic environmental impact statement and also dismissed, on standing grounds, claims stemming from the termination of border wall construction due to a failure to establish that the termination caused the alleged injuries. The court alternatively found that the complaint failed to state NEPA or Take Care Clause claims with respect to the termination of border wall construction. The court allowed Arizona to amend its complaint to attempt to cure the deficiencies related to standing for the arbitrary-and-capricious challenge to the termination of border wall construction, but denied Arizona’s motion to conduct jurisdictional discovery. The court also directed the parties to file supplemental briefing on whether claims related to the MPP were moot due to intervening judicial decisions and Biden administration actions.