Judge Richard Leon said the constitutional arguments made by the North American Butterfly Association did not hold up. The association's flagship facility is a 100-acre wildlife center – the National Butterfly Center – just north of the US border in the Rio Grande Valley of Texas.
"The Fourth Amendment offers little refuge for unenclosed land near one of the country's external borders, "wrote the judge. He also said that it was "preemptive" to claim that the government had deprived the group of property.
The judge also concluded that the Department of Homeland Security Secretary has the authority to issue a waiver for a number of environmental laws for construction in the area, dismissing those claims brought by the association. The waiver "extinguishes" the association's claims, Leon wrote.
The executive director of the National Butterfly Center, Marianna Trevino Wright, told CNN that this is not the end.
"We're going to appeal or refile, absolutely," she said.
The lawsuit was first brought in 201
The agency previously declined to comment due to pending litigation.