indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Kill The Tobacco Master Settlement Agreement
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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Oglala Sioux Tribe heads to election season (10/23)
Al Caroll: Recognize tribal sovereignty in new US Constitution (10/23)
Michael Baines: Senate candidate battles Alaska Native rights (10/23)
President Barack Obama urges early voting for Alaska Natives (10/23)
Ho-Chunk Nation woman named president of Girl Scouts board (10/23)
3rd Circuit won't force town to repatriate Jim Thorpe's remains (10/23)
Navajo Nation's top court orders new ballots without candidate (10/23)
Alaska Federation of Natives ready to open annual convention (10/23)
Alaska governor to sign Native languages bill six months later (10/23)
Rep. Don Young blames government 'largesse' for suicide rate (10/23)
Washington player says tattoo represents Cherokee heritage (10/23)
Crow Tribe seeks renewal of Indian Coal Production Tax Credit (10/23)
Native advocates come together to combat domestic violence (10/23)
Agua Caliente Band and DOJ submit briefs in water rights case (10/23)
Former health executive from Chippewa Cree Tribe sentenced (10/23)
Final person sentenced in theft from Blackfeet Nation program (10/23)
Opinion: Tribes exploit loopholes in America's political system (10/23)
Otoe-Missouria Tribe announces plans for new gaming facility (10/23)
Rival leaders of Chukchansi Tribe to meet amid casino closure (10/23)
Navajo Nation challenges lawsuit over death of casino patron (10/23)
Law Article: Judge restricts BIA authority in Class III dispute (10/23)
Column: Election won't end North Fork off-reservation casino (10/23)
Eyapaha Today: Oneida singer follows in mother's footsteps (10/22)
Native Sun News: Candidate seeks investigation into program (10/22)
Ivan Star Comes Out: Lakota people disrespect our language (10/22)
Cedric Sunray: Standing together to fight tribal disenrollment (10/22)
SCIA to hold listening session at NCAI on Indian education bill (10/22)
FNDI urges passage for Indian Teacher Loan Forgiveness Act (10/22)
Chumash Tribe praises BIA movement on land-into-trust bid (10/22)
Steven Newcomb: The role of Latin in empire and colonization (10/22)
Christopher Chavis: Navajo court got it wrong in fluency case (10/22)
Navajo Nation presidential hopeful to be removed from ballot (10/22)
Aging BIA school on Navajo Nation awaits replacement funds (10/22)
Review: NMAI treaties exhibit underscores misunderstandings (10/22)
Alaska Native elders and youth share issues at annual meeting (10/22)
Shinnecock Nation allows felons to hold office in certain cases (10/22)
2nd Circuit hears appeal from former chairman of Pequot Tribe (10/22)
Rep. Don Young criticized for comments to high school students (10/22)
Candidates differ on Spokane Tribe's off-reservation casino bid (10/22)
Poarch Creeks to add hotel to casino with $65M expansion plan (10/22)
Salt River Tribe concerned about Tohono O'odham Nation casino (10/22)
North Fork Rancheria blames rival tribes for holding up compact (10/22)
Ballot proposal authorizes more Class III games in South Dakota (10/22)
Blog: Predictions for gaming with Hillary Clinton in White House (10/22)
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.