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Feds Sue Arizona for Trespassing: USA v. Ducey

December 15, 2022 (1 min read)

USA v. Ducey

"...Arizona has entered Reclamation and Forest Service lands along the Arizona-Mexico border and installed—and continues to install—hundreds of double-stacked multi-ton shipping containers that damage federal lands, threaten public safety, and impede the ability of federal agencies and officials, including law enforcement personnel, to perform their official duties.  Officials from Reclamation and the Forest Service have notified Arizona that it is trespassing on federal lands. Not only has Arizona refused to halt its trespasses and remove the shipping containers from federal lands, but it has indicated that it will continue to trespass on federal lands and install additional shipping containers. As a result, the United States brings this action to obtain appropriate relief for Arizona’s unlawful continuing trespasses and invasions of the United States’ paramount sovereign property rights and interests under the U.S. Constitution. This action seeks injunctive relief prohibiting Arizona from continuing to trespass on federal lands and violating and infringing on the United States’ constitutional rights and interests; halting ongoing installation and related activities; requiring the removal of previously installed shipping containers and all other associated materials, equipment, and vehicles; and requiring remediation of the environmental harm caused by Arizona’s unlawful actions. This action also seeks damages for Arizona’s trespasses, to compensate the United States for any actions it needs to take to undo Arizona’s actions and to remediate—to the extent possible—any injuries to the United States’ properties and interests. ..."