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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

Police in Germantown, Wisconsin are looking for a bathroom creeper who took pictures of a woman while she was using the restroom. It happened Monday afternoon at the McDonald’s on Mequon Road. “While she was in the stall she saw two arms holding some sort of recording device,” Police Chief Peter Hoell said. That’s when the startled woman ran out of the bathroom after the suspect. The restaurant’s manager saw the commotion and ran out of the building behind the woman, they both saw the suspect get into an old RV and take off. “The vehicle should stick out,” said Hoell. Surveillance cameras captured images of the man and his getaway vehicle. Because the man was driving an RV, the chief said he believes he may be from out of town. Hoell hopes that social media will help in the investigation. “Depending on the interest, that post might go to multiple states, we may have an opportunity to identify this person even if he is not from Wisconsin,” said Hoell. 1002

PALM SPRINGS, Calif. (KGTV) - The Palm Springs Aerial Tramway reopened to visitors Monday after storm damage that closed the popular attraction for almost two months. The Valentine’s Day storm severed the power feed to the mountain and washed out a road, according to tram officials. Crews spent weeks making necessary repairs and cleaning up damage. The closure kept 100,000 visitors away, tram officials estimate. The storm led to almost million in repair costs and lost revenues. “It’s been a long six weeks for everyone, but today we are delighted to finally welcome back Tram visitors. On behalf of the entire Tramway staff, we are thrilled to be back open for business and truly appreciate the community’s support throughout our closure,” said Tramway General Manager Nancy Nichols. The Palm Springs Aerial Tramway, which is the world’s largest rotating tram car, opened in 1963. Its 80-passenger cars take travelers from the desert floor to the Mountain Station at an elevation of 8,516 feet in 10 minutes. Visitors can enjoy two restaurants, a natural history museum, documentary theaters, and hiking trails at the top. The tram opens at 10 a.m. Monday through Friday and 8 a.m. Saturday and Sunday. Tickets are .95 for adults and .95 for children ages 3 to 10. Ticket sales start at the station half an hour before opening. Visitors can also buy tickets online starting April 8. 1404

Pala Mesa, CA (KGTV) -- We are learning more about the bus company involved in Saturday's fatal crash along Interstate 15. An Executive Lines charter bus flipped over, killing three and sending nearly 20 people, including a 5-year-old boy, to the hospital. Federal records show Executive Lines has been cited for several maintenance issues in the last two years. 10News looked into Executive Lines, a company out of El Monte in Los Angeles County. They specialize in charters from Los Angeles to San Ysidro, with many of their passengers heading to Tijuana International Airport. Saturday's charter bus, carrying 21 passengers plus the driver, was headed toward San Ysidro before it crashed on I-15 near Pala Mesa. "The vehicle lost control, veered to the right, obviously traversed this shoulder, and eventually overturned," Officer Mark Latulippe of the Oceanside California Highway Patrol [CHP] said. Witnesses said several passengers were ejected from the bus. CHP confirmed that likely none of them were wearing their required seatbelts. Three of them were pronounced dead on the scene, and nearly 20 were transported to various hospitals. According to the Federal Motor Carrier Safety Administration [FMCSA], in the last two years, none of the Executive Lines buses were involved in crashes. But out of 19 vehicle inspections for their seven-vehicle fleet, 13 of the checks came back with a total of 26 vehicle maintenance violations. That puts them in the 48th percentile, meaning nearly half of all bus companies have better on-road performance than Executive Lines. 10News also looked into the inspection history of the exact Charter bus that crashed Saturday. We found that after a November 5, 2019 inspection, this very bus was cited with two Federal maintenance violations:93.78 393.78 No Windshield Wipers Inoperative/Defective 393.95B 393.95(b) No No Spare Fuses As RequiredIt is unclear if the company fixed the violations before Saturday's crash. But it is worth mentioning that roads were slick at the time of the accident because of the rain. Executive Lines did not respond to our request for comment. 2129

Passengers with peanut and tree-nut allergies will soon have the option to board American Airlines flights early to wipe down seating areas of potential allergens.The new policy goes into effect December 12 as flight-service manuals are updated."American Airlines customers with nut allergies who would like to board our flights early to wipe down surfaces may ask to do so at the gate," said American Airlines spokeswoman Michelle Mohr. The policy was first reported by Bloomberg.Passengers are free to wipe down their seating areas of potential allergens at any time, but the new policy gives extra consideration to concerned allergy sufferers."I certainly understand the deep, deep concern people have, especially parents with young children," Mohr said. Mohr herself suffers from a severe nut allergy and carries an EpiPen.The airline encourages passengers to take all necessary medical precautions before flying, she said.American Airlines hasn't served peanuts in years, but it does serve a combination of warm mixed nuts to First and Business class passengers on trans-oceanic flights, Mohr said. That mixture does not contain peanuts.But the airline cannot guarantee that customers won't be exposed to peanuts or tree nuts on any flight as passengers may bring their own snacks aboard or transfer nut residue from other places.The new policy was included in a filing with the U.S. Transportation Department on November 6. It comes in response to a complaint filed last year by Food Allergy Research & Education and the mother of a child with a dangerous peanut allergy, Bloomberg reported.Mohr dismissed any notion that passengers who do not suffer from allergies might take advantage of the policy."We do not expect rampant abuse of this policy. We do not believe our customers will fake a potentially life-threatening allergy just to board the plane a little bit faster," she said.Southwest Airlines stopped serving peanuts on all flights this summer.When notified of a passenger allergy, Delta Air Lines will not serve peanuts or related products on specific flights. The airline also offers passengers the option to pre-board to clean seating areas of potential allergens. 2196

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