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Plans for two miles of border fencing in the San Pedro Riparian National Conservation Area are moving forward following Homeland Security Secretary Michael Chertoff’s decision Monday to invoke a waiver that allows the agency to bypass certain laws.

It marks the first time Homeland Security has used the waiver in Southeastern Arizona, the busiest stretch of U.S.-Mexican border for illegal immigration.

Chertoff had used it twice before to move ahead with fence construction: in 2005 in San Diego, and in January of this year on the Barry M. Goldwater Air Force Range in Southwestern Arizona.

The move puts an end to a legal battle that had begun on Oct. 10 when U.S. District Judge Ellen Huvelle issued a temporary restraining order for construction in the area in response to an appeal submitted by Defenders of Wildlife and the Sierra Club.

Defenders of Wildlife and the Sierra Club argued that the San Pedro Riparian Conservation Area is an irreplaceable national treasure that would be irrevocably damaged by the fencing. They say that Homeland Security failed to carry out an adequate environmental impact statement.

Homeland Security officials refute the dire predictions from environmentalists. Chertoff has said the fence would protect the environment by cutting down on foot traffic and trash.

Chertoff’s decision elicited criticism from environmentalists.

“We can secure our borders while we protect our public lands,” said Sean Sullivan with the Sierra Club's Rincon (southeastern Arizona) Group. “Bulldozing the San Pedro Riparian National Conservation Area and our important environmental protections is not necessary to manage the border.”