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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

PALA MESA, Calif. (KGTV) -- A 5-year-old boy critically injured in Saturday’s deadly bus crash was airlifted to a Riverside County hospital Sunday, authorities said. The young boy was airlifted from Inland Valley Medical Center to the Riverside University Health System Medical Center in Moreno Valley to be treated for a head injury, California Highway Patrol Officer Mark Latulippe said. The boy was among 21 passengers on a charter bus traveling to Tijuana from El Monte. The crash happened on Interstate 15 south of State Route 76. Three women were killed in the crash that left 18 others hospitalized. Five of those injured were taken to Palomar Medical Center in Escondido, five to Inland Valley Medical Center in Wildomar and eight to Temecula Valley Hospital, Latulippe said. RELATED: At least three dead, 18 injured in bus rollover on Interstate 15Three passengers suffered major injuries, Latulippe said, and officials were determining the other injured patients' conditions Sunday morning.The crash happened around 10:30 a.m. Saturday when the charter bus owned by Executive Lines Inc. slid off the 15 during heavy rain. The bus then continued down an embankment before landing on its roof, ejecting several passengers. A vehicle inspection report dated November 5, 2019, shows that, as of that date, the windshield wipers were either inoperative or defective. The same report shows that the vehicle had no spare fuses “as required.” A second report of the bus line revealed that 48 percent of vehicles in that particular safety group have better on-road performance. The review also showed no “acute/critical violations discovered.”City News Service contributed to this report. 1698

PINE VALLEY, Calif. (KGTV) — A Pine Valley restaurant owner says he will defy the county's order that shuts down indoor dining beginning Saturday."We are over it," said Larry McNamer, who owns Major's Diner in Pine Valley. "We can't do any more going backward. We can't. Not and stay open and be a viable part of the community."McNamer says 2020 has been a very challenging year, with sales down and its staff cut in half. Now, the increase in the coronavirus case rate is pushing San Diego County into the state's purple tier of restrictions, it's most strict. That means come Saturday, restaurants will no longer be allowed to serve indoors at 25% capacity, instead, they'll be limited to outdoor-only dining as the weather turns cold. McNamer said he takes the virus very seriously and has put social distancing measures in place. However, he says moving to outdoor dining only will make it impossible to survive, with temperatures in the 30s in the mornings. The diner is only open for breakfast and lunch."And at this point, if they want me to, I'll be more than happy to put the keys on the counter and leave them an invoice for the business and they can write me a check for it," he said.In a statement, the California Department of Public Health said it understands the frustrations, but that the spread of coronavirus remains a major concern. "California’s cases of COVID-19 are ticking upward, and the state is urging Californians to continue to do everything they can to protect themselves and the community from increased transmission of the virus," the statement said. "We know that this is hard, as many of us feel exhausted, isolated or impatient."The county restaurant industry has been hit especially hard amid the pandemic, with jobs down about 17% over the year, or 22,000 positions. "All hopes have to be on this vaccine being distributed quickly and working, and allowing us to move through the tiers," said Ray Major, chief economist at SANDAG. McNamer, who owns the diner with his wife Debi, said if the county levies fines on them, so be it. "Wonderful, where are you going to get it?" he said. "You can fine me 0,000 a day and it's not going to do you any good because you're not going to get the money." 2240

Police were called to the Washington, D.C. home of Fox News host Tucker Carlson on Wednesday night when a group of protesters showed up and shouted threats.Smash Racism D.C., which calls itself "anti-fascist," claimed responsibility for the protest on social media. The left-wing group has previously targeted Ted Cruz, Kirstjen Nielsen, and other right-wing figures.In videos uploaded to Twitter by the group on Wednesday, participants were heard saying "Tucker Carlson, we will fight! We know where you sleep at night!" They called him a "racist scumbag" and hurled epithets.The Twitter account also shared Carlson's address, which is a violation of Twitter's rules. By late Wednesday night, Twitter had suspended the group, which means the tweets and videos are now deleted.Carlson told the Washington Post, "It wasn't a protest. It was a threat." He said "they were threatening me and my family and telling me to leave my own neighborhood in the city that I grew up in."Carlson was at his Fox News office across town, preparing for his 8 p.m. talk show, when the disturbance occurred. His wife Susan was home alone.According to a police report provided by the Metropolitan Police Department, Susan said "she heard loud banging and pounding on her front door."When she went to investigate, she "saw a large group in front of her home. They had a bull horn and were chanting loudly. She retreated to a room in the rear of her home and summoned p

Parts of Hawaii are under a hurricane watch as Category 3 Hurricane Douglas has its sights set on the island state. The hurricane watch is in effect for the Big Island and Maui County.Packing top winds of 115 MPH as of 11 a.m. HT (5 p.m. ET), Douglas is moving toward Hawaii at 18 MPH. The storm was positioned 785 miles from Hilo, or 985 miles from Honolulu.Douglas is relatively small, with hurricane-force winds only extending 25 miles from the center.While the powerful hurricane is in the open ocean, it has been slowly losing strength. The National Hurricane Center projects it will weaken into a tropical storm by Sunday night. But the storm could still be a hurricane when it crosses the island chain, which would make it the first hurricane to directly hit the island in more than two decades.Category 4 Iniki of 1992. was the most recent hurricane to strike Hawaii directly. Before that, just two other hurricanes have directly hit the islands since the late 1800s.Meanwhile, parts of the Texas coast is under a tropical storm warning ahead of Hanna, which is expected to come ashore tomorrow. 1111