EPA Says Oklahoma has the Right to Regulate Environmental Issues on Tribal Lands

The U.S. Environmental Protection Agency has approved a request from Oklahoma Governor Kevin Stitt for the state to maintain regulatory control over environmental issues on tribal lands. The ruling only pertains to lands already being regulated before a recent state court decision that upheld tribe’s rights to regulate their own lands.

EPA Says Oklahoma has the Right to Regulate Environmental Issues on Tribal Lands

The U.S. Environmental Protection Agency has approved a request from Oklahoma Governor Kevin Stitt for the state to maintain regulatory control over environmental issues on tribal lands despite a recent Supreme Court ruling granting tribe’s regulatory authority over their own lands.

The EPA pointed to a 2005 statute that requires the EPA to approve regulatory programs “in areas of the state that are in Indian country, without any further demonstration of authority by the state,” according to a letter that EPA Administrator Andrew Wheeler sent to Stitt.

The EPA’s ruling covers only areas on Indian Land that were being regulated by the state prior to the recent court ruling.

According to nativebusinessmag.com, the ruling strips many of the state’s tribes of their sovereignty over environmental issues and allows the state to conduct activities such as the dumping of hazardous waste on tribal lands without legal recourse by Tribes.

The Muscogee (Creek) Nation announced its disappointment in the EPA’s decision.

“Like the SAFETEA Act itself, this was a swift move meant to circumvent the appropriate time and available information to adequately respond,” the tribe said in a statement. “The Muscogee (Creek) Nation submitted a request for Tribal consultation just two days after the Governor submitted his request. The Nation was granted two consultations, but it seems the concerns raised did not suffice. The Nation will continue seeking remedies to the situation.”

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