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PASADENA, Calif. (AP) — A legal challenge to the Trump administration's planned border wall Tuesday hinged on whether the state of California and environmental groups can even fight such a project in lower courts.A three-judge panel of the 9th U.S. Circuit Court of Appeals struggled with a law that gave the Homeland Security secretary broad authority to waive all laws to expedite constructing sections of border wall. The law also restricted some legal challenges to the Supreme Court.Attorneys for the state and environmental organizations argued that the 2005 law had expired and the court should consider their claims that the federal government overstepped its authority and must comply with environmental laws.RELATED: Congress watchdog: Border wall may cost more, take longerAt issue before a three-judge panel in Pasadena, California, is a 2005 law that gave the Homeland Security secretary broad authority to waive all legal requirements, including the National Environmental Policy Act, Clean Air Act and Endangered Species Act. Those laws require time-consuming reviews and are subject to prolonged legal challenges that can delay or even derail projects.The case heard Tuesday is an appeal of a decision by U.S. District Judge Gonzalo Curiel of San Diego, who sided with the administration in February. The president had repeatedly berated Curiel during the 2016 campaign over an unrelated case involving fraud allegations and now-defunct Trump University.About 15 demonstrators gathered outside the courthouse Tuesday morning chanting, "Stand up, fight back" and carrying signs that said, "No walls in the wild" and "Freedom for immigrants."RELATED: Trump: billion for border wall funding isn't a red lineCalifornia argued that the waiver authority expired in 2008, when Homeland Security satisfied congressional requirements at the time on how much wall to build. It was joined in the appeal by the Center for Biological Diversity, the Sierra Club, Defenders of Wildlife and Animal Legal Defense Fund."It was a truncated Congressional debate from 13 years ago," attorney Brian Segee of the Center for Biological Diversity, who did not argue the case, said outside court. "All the discussion was, 'We want to complete the San Diego wall.' Now all that has been translated to 'We have the authority to waive all laws forever and in perpetuity.'"The administration has issued three waivers in the last year, two to build in parts of California and one in part of New Mexico. President George W. Bush's administration issued the previous five waivers, allowing the government to quickly extend barriers to about one-third of the border.RELATED: Trump: 'I would have no problem doing a shutdown' if no action on immigrationIn California, the government began replacing barriers on a 14-mile (23-kilometer) stretch in San Diego and a 2-mile (3-kilometer) stretch of Calexico. The waivers also cleared the way for it to build eight prototypes in San Diego to guide future designs.Trump is seeking billion over 10 years for the border wall and other border security technology and has held out the possibility of a government shutdown if Congress doesn't fund one of his signature campaign pledges. The administration received .6 billion this year and has requested the same amount in next year's budget, largely to build in Texas' Rio Grande Valley.Legal challenges to border barriers have failed over the years amid national security concerns. The Congressional Research Service said in a report last year that it saw no legal impediments to construction if deemed appropriate for controlling the border. 3637

OTAY MESA, Calif. (KGTV) -- Police are searching for a person of interest after a mother and daughter were shot and killed at an Otay Mesa home Sunday morning.San Diego Police were called to the residence on the 4300 block of Ebersole Drive after receiving reports of shots fired around 8:30 a.m.When police arrived they found a 37-year-old woman in the front yard with a gunshot wound.Police then learned that another woman was injured inside the house. They found a 65-year-old woman, also suffering from gunshot wounds.Both of the women who were shot died from their injuries. Police believe that the person of interest in the case, Justice Love Peace, aka. Jeremiah Horton, took a 6-month-old boy from the home. Shortly after 3 p.m., police said they had safely located the 6-month-old boy, but were still searching for Horton.Horton is considered armed and dangerous.Police believe Horton is the infant's father, the 37-year-old woman is the infant's mother, and the 65-year-old woman is the 37-year-old's mother. Police asked anyone who spots Horton not to approach him and to call 911.The department also posted a photo of Horton along with the vehicle he is believed to be driving.Here is a photo of the person of interest, Justice Love Peace along with a still photo of his possible vehicle https://t.co/LGAQmp0A0W pic.twitter.com/6kn07gcFWQ— San Diego Police Department (@SanDiegoPD) July 12, 2020 1416

PHOENIX - Believe it or not, a shelter pup was returned to the Arizona Animal Welfare League in Phoenix because he was too good.In a Monday Facebook post, AAWL said 1-year-old Binx was adopted and returned within 48 hours with notes saying he's potty-trained, good with kids and fun to play with. Turns out, Binx's temporary new family wanted more of a challenge from their adoptive pooch and returned him to AAWL.According to the shelter's Facebook page, Binx "can't get anything done at the shelter because everyone is petting me, telling me what a good boy I am, and taking me for walks!"Binx's profile on the AAWL?website says an active family would be ideal for the large-breed dog, who loves to run, hike, and do "anything that involves being outside."Anyone who wants more information on Binx can check him out here. 836

Police are investigating the fatal shooting of a 2-year-old girl at a hotel in Wickliffe, Ohio on Friday night.The shooting happened around 11 p.m. at the Econo Lodge Wickliffe-Cleveland East, 28611 Euclid Ave. Police said it appears the child's mother was handling a gun when it went off and the 2-year-old girl was shot in the chest.The mother initially told the 911 operator the gun's safety was off, but a few seconds later said the safety was on when she dropped the weapon."The safety was on when I dropped the gun and the bullet shot her. The gun dropped, I dropped my gun," the mother told the 911 operator. "She's gone. My baby's gone. She's not breathing at all. She's gone."The child was taken to a nearby hospital but later died from the injury, according to authorities.Police said the shooting appears to be accidental. The mother had the weapon legally and had a concealed carry permit. It will be left up to the Lake County Crime Lab and the prosecutor's office to determine if any charges are filed, police said. 1062

PARK COUNTY, Colo. — A Discovery Channel reality show about gold mining is dividing the small Colorado mountain town that provided its setting — even as the show plans to move on. The show “Gold Rush” turned a small old mine in Fairplay into a much bigger operation. Fairplay is located about 85 miles southwest of Denver. Producers of “Gold Rush” said they will not return to Park County, but the residents say they are still feeling the impacts and worrying about future expansion."It's hard to describe what a four-foot boulder sounds like getting dropped into metal," said Jamie Morrow, whose home is about a quarter of a mile away from the mining operation. Morrow and her family purchased their property before the reality show began — when the mining in town was minor and mostly unobtrusive.  "It was quiet. It didn't make a lot of noise and was a small two or three man operation," Krissy Barrett, who also lives in the county, said. Some citizens in Fairplay have filed lawsuits seeking to reverse rezoning approved by county leaders that converted residential land into mining areas. Even though “Gold Rush” is moving on, residents are still fighting in court. They say large mining equipment remains in the area.Some residents say they’re worried the mining operation will continue to grow.  "Me and a bunch of other of our folks said we can't allow this because if they can rezone that parcel from residential to mining, they can do any parcel. They could rezone next door to us, next door to anybody," Barrett said. Leaders of the small town have embraced the national attention the reality show brings. "We've had a huge uptick in visitors coming to the visitors center. A lot of them are expressing their desire to go out and see the show, the mining," Fairplay town mayor Frank Just said. Some residents said the show’s presence in town was positive. Keith Wortman said he made extra money renting a home to the crew. A server in a local restaurant said the location got more business when production was happening. "Pretty exciting to have a big show come to town," bartender Melissa Mcaninch said. But opponents argued the town’s mountain beauty is also a big draw, and that beauty could be impacted if mining continues to expand. "The population that comes up here to look at the beauty, to enjoy the beauty, is way bigger. We believe the overall economic impact from our maintaining our aesthetics here is way bigger than a small TV show and way longer lasting. You know gold mining is a boom and bust," Barrett said. The town’s mayor said mining has been around in Fairplay since 1856 and it’s here to stay. “I'm sure a negative effect on some of the folks that were the closest to the mine, but all in all, those folks [the miners] have a right to do what they've done," Just said.  2958

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