From the article: "The IBC in February told the Leus that their recently constructed cement wall lay within the 20-foot 'vista' that buffers the U.S.-Canada border (10 feet on the Canadian side, 10 feet on the U.S. side). The IBC said if the Leus did not remove the wall, the agency would take it down. The Leus contacted the Pacific Legal Foundation and in April filed a lawsuit seeking an injunction to keep the IBC from removing the wall."
The Pacific Legal Foundation is one of those extremist free-market legal non-profits that are always pulling crap like this. They've been closely tied in with both the oil companies and the anti-environmentalist movement. According to the LA Times article quoted below, however, they're less influential these days now that the Bush administration has endorsed most of their agenda, so they're looking for new worlds to conquer -- of which this is apparently one.
http://www.sourcewatch.org/index.php?title=Pacific_Legal_FoundationThe Pacific Legal Foundation is a Sacramento, California-based legal organization that formed in 1973 to support pro-business causes. In recent years, it has taken a lead in pursuing anti-affirmative action policies.
It is the key right-wing, litigation-happy, public interest law firm in a network of similar organisations funded initially by Scaife Foundation money across the USA in support of un-restrained capitalism, and opposed to environmental and health activism and government agency regulations. . . .
The Pacific Legal Foundation (PLF) was established in 1973-74 by a group of attorneys from California's Justices Department (then under the control of Attorney-General Ed Meese) to counter reform of the welfare system, and the liberal public interest legal groups who were pressing for better environmental and health regulations. Especially targeted were the Sierra Club and the Environmental Defence Fund.
Governor Ronald Reagan of California appears to have provided the required financial links to Pittsburg billionairre Richard Mellon Scaife who funded the initial office in Sacramento, and his friend and counsellor, Ed Meese (III) became one of the founders and its chief supporter. Its expressed aim was to use its financial and litigation power to "impact the public policy agenda."
http://exxonsecrets.com/html/orgfactsheet.php?id=60Anti-environmental from the start, PLF's early actions supported the use of DDT, the use of herbicides in national forests, and the use of public range land without requiring an environmental impact review. They also supported at least six pro-nuclear power cases before the early eighties while accepting funding from Pacific General Electric (PGE), a utility which has gained a great deal through the development of nuclear power in the Pacific Northwest. In the nineteen-eighties PLF won several cases that are considered land marks by those working on property rights issues today: Nollan v the California Coastal Commission and First Church, both Supreme Court victories which provide precedence for the takings litigation pursued today (Oliver Houck, "With Charity For All," Yale Law Journal, 1993). In October 2003, PLF Vice President M. David Stirling had an Op-Ed published in which he defended President Bush's environmental record and condemned former President Clinton for endorsing the Kyoto Protocol.
http://www.latimes.com/news/opinion/la-oe-tushnet7jul07,0,231244.story?coll=la-opinion-rightrail July 7, 2007
THE SEATTLE school integration case decided by the Supreme Court last month was brought in the name of a group called Parents Involved in Community Schools on behalf of Jill Kurfirst and her ninth-grade son. But it was a little-known, Sacramento-based organization called the Pacific Legal Foundation — a conservative public interest law firm involved in the case from the beginning — that developed many of the legal arguments five justices ultimately found persuasive.