Government reaches settlement with private wall builders

The federal government’s two-and-a-half year long lawsuit against the builders of a private border wall south of Mission came to an end Tuesday morning when prosecutors filed a stipulation for dismissal in federal court. And with the dismissal, details of the settlement agreement between the U.S. International Boundary and Water Commission and Tommy Fisher, the North Dakotan construction tycoon who built the 3-mile wall, were finally released to the public. “The United States section of the International Boundary and Water Commission is pleased that the litigation has been settled,” IBWC Secretary Sally Spener said when reached via phone Tuesday afternoon. “The settlement addresses the concerns that were identified by the USIBWC,” she said.

The Justice Department, on behalf of the IBWC, sued Fisher and his companies in December 2019. The suit alleged that the wall — which was not then built — could potentially put the United States in violation of a 1970 international boundary treaty with Mexico. Indeed, just weeks after construction was completed, scientists with the IBWC determined that a portion of the structure did violate the treaty because it would deflect too much water in the event of a flood. In April 2020 those scientists issued a letter detailing that and other concerns they had regarding the structure. But throughout the protracted pendency of the litigation, government prosecutors repeatedly indicated their intent to reach a so-called “settlement posture” with Fisher by seeking out alterations that would effectively mitigate the IBWC’s treaty concerns. For his part, Fisher said he was pleased that the litigation had come to an amicable resolution. “Both sides worked hard to reach a (settlement), you know, and I’m happy that it’s done and we can continue on and go from there,” Fisher said.