Two Shipping Container Cases Between Arizona and Federal Officials Dismissed
September 21, 2023 - Two cases between Arizona and Federal officials involving shipping containers were voluntarily dismissed on Sept. 15. Both cases generated national media attention regarding the State of Arizona’s unauthorized installation of shipping container barriers on federal property at the international border with Mexico. In the first case, the then-governor brought a declaratory action against the U.S. Bureau of Reclamation and the U.S. Forest Service, claiming that Arizona was legally entitled to install shipping containers at the border. The United States followed with an affirmative lawsuit against various Arizona officials that sought a halt to the project, removal of the shipping containers and damages for trespass, ejectment, interference with easements and other constitutional violations on federal lands.
Immediately upon the filing of the United States’ lawsuit, the State agreed to stop the installation project and to remove all the shipping containers from federal lands. Both cases were then stayed pending further resolution between the parties. During the stay, Arizona removed all shipping containers from United States’ properties and completed extensive remediation work on National Forest lands that had been damaged by the installation and subsequent removal of the shipping containers. Arizona also paid the United States an additional $2.1 million dollars under a Collection Agreement to allow the U.S. Forest Service to complete additional remediation and revegetation work along the border.
“We worked to ensure that U.S. property rights and agency missions were respected especially since the placement of the shipping containers by the State of Arizona abutted on our international border with Mexico,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division (ENRD). “We appreciate the collective support of U.S. Attorney Restaino and his office, the Department of the Interior and the Department of Agriculture in seeing this situation through, including remediating the land where the containers were placed.”
“Comprehensive border solutions require collaboration and common sense,” said U.S. Attorney Gary Restaino for the District of Arizona. “When Arizona unilaterally placed hundreds of shipping containers on tribal and federal land back in 2022, it made the border less safe. The containers have now been removed and the land restored. Thanks to the Department of the Interior (through the Bureau of Reclamation) for supporting the rights of the Cocopah Tribe, and to the Department of Agriculture (through the Forest Service) for its vigilance against environmental degradation.”
Because Arizona has resolved its trespass and remediated or paid to remediate the damage to federal property, the United States determined that its lawsuit was no longer necessary and voluntarily dismissed the litigation.
Senior Trial Attorneys Andrew Smith and Shaun Pettigrew of the Environment and Natural Resources Division's Natural Resources Section prosecuted the cases.
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