indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Health Coverage for American Indians and Alaska Natives
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
DC Circuit strikes down EPA's rule on certain Indian lands

Filed Under: Environment | Law
More on: dc circuit, epa, jurisdiction, oklahoma, sovereignty
     

The D.C. Circuit Court of Appeals on Friday invalidated an Environmental Protection Agency rule that was meant cover all of Indian Country.

The state of Oklahoma convinced the court that the July 2011 rule does not apply to "non-reservation" parts of Indian Country. Specifically, this means the EPA can't regulate air quality on Indian allotments and dependent Indian communities that are not currently recognized as being a part of a reservation.

"We hold a state has regulatory jurisdiction under the Clean Air Act over all land within its territory and outside the boundaries of an Indian reservation except insofar as an Indian tribe or the EPA has demonstrated a tribe has jurisdiction," the decision stated. "Until such a demonstration has been made, neither a tribe nor the EPA standing in the shoes of a tribe may displace a state’s implementation plan with respect to a non-reservation area of the state."

Oklahoma has a federally-approved state implementation plan that purports to cover Indian allotments and dependent Indian communities. Presumably, the plan wouldn't apply to lands that are under tribal jurisdiction, such as tribal trust lands.

However, a rider that was enacted into law by Congress in 2005 makes it virtually impossible for tribes in Oklahoma to exercise authority under the Clean Air Act. The rider forces Oklahoma tribes to secure a "cooperative agreement" with the state, a requirement not imposed on tribes elsewhere.

The D.C Circuit's decision to limit the EPA rule may not have a dramatic impact in Indian Country. But several tribes are in a unique situation where certain Indian allotments and other Indian lands do not fall within reservation boundaries so they may be affected.

The Navajo Nation, the Shakopee Mdewakanton Sioux Community, the Red Lake Nation and the Osage Nation submitted briefs to defend the EPA. They said the 2011 rule closed gaps in Indian Country.

"If it is held that EPA cannot issue a rule for all of Indian country the regulatory vacuum will return, at least with respect to non-reservation Indian country," one tribal brief stated. "Such a result would negatively impact air quality and dramatically increase regulatory uncertainty for tribal governments."

Turtle Talk has posted briefs from the case, Oklahoma Department of Environmental Quality v. EPA.

D.C. Circuit Decision:
Oklahoma Department of Environmental Quality v. EPA (January 17, 2014)

Federal Register Notice:
Review of New Sources and Modifications in Indian Country (July 1, 2011)


Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Tribes rest easy as Supreme Court wraps up a surprising session (6/24)
Tribes in northern California take action to protect salmon runs (6/24)
Aaron Payment re-elected as chairman of Sault Ste. Marie Tribe (6/24)
Gun Lake Tribe hosts annual Sweet Grass Moon Powwow in July (6/24)
Native Sun News: First Native hockey referee 'Butchy' passes on (6/24)
Delphine Red Shirt: Lakota people denied voting rights on our land (6/24)
Ruth Hopkins: Saving sacred Bear Butte from a massive biker bar (6/24)
Terese Mailhot: Becoming a better ally after the Orlando shooting (6/24)
April Youpee-Roll: Elizabeth Warren owes more to Indian Country (6/24)
Another land-into-trust fix reportedly being drafted in the Senate (6/24)
Federal charges filed in kidnapping of girl on Fort Peck Reservation (6/24)
Non-Indian charged for trespassing at Nambe Pueblo in New Mexico (6/24)
St. Croix Chippewa Tribe warned not to launch marijuana operation (6/24)
Eastern Shawnee Tribe breaks ground on $34M expansion at casino (6/24)
Non-Indian gaming firm loses challenge to law for new tribal casino (6/24)
Grand Ronde Tribes to finish demolition work at site of old racetrack (6/24)
Supreme Court deadlocks in closely-watched tribal jurisdiction case (6/23)
Matthew Fletcher: 'Huge win' for Mississippi Choctaw court system (6/23)
Native American Basketball Invitational draws top talent to Arizona (6/23)
Cheyenne River Sioux Tribe almost done with long-awaited theater (6/23)
Susanville Rancheria thanks lawmakers for help with land-into-trust (6/23)
Senate Committee on Indian Affairs schedules hearing on three bills (6/23)
Supreme Court backs affirmative action policy in long-running case (6/23)
Native Sun News: Senate committee takes on Indian Health Service (6/23)
Mark Trahant: A Republican plan to terminate Indian Health Service (6/23)
James Giago Davies: Welfare for corporations but nothing for tribes (6/23)
Peter d'Errico: Justice Clarence Thomas critiques federal Indian law (6/23)
Two charged for beating and setting woman from Crow Tribe on fire (6/23)
White House defends fracking regulation imposed on Indian lands (6/23)
Mescalero Apache woman hosts fundraiser for Miss United States (6/23)
Standing Rock Sioux Tribe to collect sales tax on entire reservation (6/23)
Seneca-Cayuga Nation ordered to conduct another council election (6/23)
Poarch Creek land-into-trust bill could help casino effort in Florida (6/23)
Cherokee Nation enters deal to run commercial casino in Arkansas (6/23)
Tohono O'odham Nation told to turn over casino-related documents (6/23)
Senate Indian Affairs Committee debates marijuana & sovereignty (6/22)
Major trust reform bill supported by Indian Country signed into law (6/22)
President Obama signs land-into-trust bill for Susanville Rancheria (6/22)
Chairman Jim Boyd from Colville Tribes passes away at age of 60 (6/22)
Tribes take more control of their land with HEARTH Act regulations (6/22)
Shakopee Mdewakanton Sioux Community adds another 128 acres (6/22)
Lakota Country Times: Pine Ridge Reservation graduates celebrate (6/22)
Native Sun News: Year of Reconciliation sees another anniversary (6/22)
Former Fond du Lac Band chairman Peter Defoe passes on at 77 (6/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.