[CPEO-MEF] Tribal Authority Rule

[hdqrs@worldnet.att.net]

Tribal Authority Rule

The Court of Appeals for the DC Circuit issued its decision on the 
challenges to the Tribal Authority Rule today.  It appears EPA was upheld 
on all points raised by the petitioners.  Here is an excerpt from the 
summary:

"We find petitioners' challenges to be mostly meritless.  We hold that the
Agency did not err in finding delegated authority to Native American
nations to regulate all land within reservations, including fee land owned
by nonmembers. We also uphold EPA's construction of "reservation" to
include trust lands and Pueblos.  Likewise, we reject the challenge to the
Agency's decision to exempt Native American nations from some of the Act's
judicial review requirements.  Peti-tioners' complaint regarding the
adequacy of public comment on tribal applications is moot.  And
petitioners' claim that EPA has abrogated preexisting agreements not to
regulate is unripe for review, as is one of petitioners' arguments
chal-lenging the Agency's decision on the Act's judicial review
requirements."

The Full text of the case may be found at:
http://pacer.cadc.uscourts.gov/common/opinions/200005/98-1196a.txt 


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
You can find archived listserve messages on the CPEO website at 

http://www.cpeo.org/lists/index.html.

If this email has been forwarded to you and you'd like to subscribe, please send a message to: 

cpeo-military-subscribe@igc.topica.com
___________________________________________________________
T O P I C A  The Email You Want. http://www.topica.com/t/16
Newsletters, Tips and Discussions on Your Favorite Topics