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DECEMBER 29, 2000

The nomination of Gale Norton to the post of Secretary of Interior has already led many in Indian Country to wonder exactly who she is and what effect she may have on Indian issues.

But to Coloradans, environmental watchdogs, and civil rights activists, the former Attorney General is well known and not always in a positive light. She served as the state's top law enforcer from 1991 to 1999. She also attempted a run for Senate in 1996, but lost in the Republican primary to Senator Wayne Allard.

However, like Allard, Norton has been criticized for supporting the "self-auditing" environmental laws of Colorado. A conservative and states' rights defender, Norton supports the laws, which allow companies to conduct voluntary audits of their compliance with environmental regulations.

Companies who then report and correct their own violations are granted immunity from fines and lawsuits. The Environmental Protection Agency generally opposes such laws.

It was Norton's support of them which led her to criticize the National Environmental Policy Act (NEPA) as having "lost its way." In 1998, she testified before Congress, seeking more state control, input, and participation in environmental decisions.

"The states, where government is closer to the people, are the proper entities to implement environmental laws and policies," she said, defending Colorado's self-regulatory schemes. She added: "I recommend that Congress start the devolution of authority in the environmental area back to the States by amending NEPA."

With the exception of her support of abortion rights, Norton's actions in other arenas have also been indicative of conservative politics. She was reluctant at first to join the multi-billion dollar lawsuit against tobacco companies because she believed in "judicial restraint" and "personal responsibility."

But she soon became a fore-runner in the litigation, eventually bringing home $2 billion out of $248 billion to the state. She also advocated that tribes receive settlement monies, testifying in 1998 before the Senate Committee on Indian Affairs that a successful tobacco settlement would preserve "the free market system, federalism, and tribal sovereignty."

In another area affecting Indian rights, she also advocated judicial restraint. She supported the Animas-LaPlata dam project, controversial with environmental activists, because it prevented litigation over the water rights of Colorado Ute tribes. The $334 million project passed Congress earlier this month after being scaled down over the years.

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