Homeland Security Avoids Suit Over Tear Gas at Portland Protests

Aug. 4, 2021, 2:22 PM

The Department of Homeland Security can avoid a lawsuit over its alleged failure to conduct an environmental review before using tear gas, rubber bullets, and flash bangs during protests in Portland in support of racial justice, an Oregon federal court ruled.

Environmental groups said DHS was required to conduct a review under the National Environmental Policy Act before carrying out Operation Diligent Valor in 2020. However, the groups failed to allege a “final agency action,” which is required for judicial review, according to the U.S. District Court for the District of Oregon.

Even if the groups identified a final agency ...

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