The US Court of Appeals for the District of Columbia Circuit has ruled that the Trump administration must face allegations brought by a Texas-based butterfly sanctuary on the US-Mexico border, asserting environmental and constitutional challenges in connection with the federal government’s plans to construct a wall to prevent illegal border crossings.

The North American Butterfly Association (NABA) is a 100-acre wildlife sanctuary and botanical garden in Mission, Texas, along the border between the US and Mexico. NABA staff learned about the government’s plans to build a section of the border wall directly through the sanctuary’s land. After the Department of Homeland Security (DHS) confirmed the plans and took control over parts of their land, NABA brought suit in December 2017.

Tuesday’s 2-1 decision reversed part of the district court’s ruling that had effectively tossed out all of NABA’s claims. Despite the administration’s lack of explicit funding for the wall within the sanctuary, the court held that the group’s claim of a Fifth Amendment violation could proceed.

Additionally, the majority upheld the district court’s dismissal of NABA’s Fourth Amendment claim of unreasonable seizure. Regarding the environmental claims, the majority also affirmed the lower court’s dismissal of claims that DHS’s wall plans violated the National Environmental Policy Act (NEPA) and the Endangered Species Act; NABA asserted that DHS’s failure to complete an environmental impact statement under the Illegal Immigration Reform and Immigrant Responsibility Act constituted material violations.

The sole dissenting judge agreed that the court lacked jurisdiction over the appeal, citing a lack of a final judgment from the lower court.