How Tribes Can Respond To Clean Water Act Review Limits

Law360 (July 21, 2020, 4:27 PM EDT) -- Tribal governments may be looking for ways to enact new public health policies and assert their sovereignty in light of this summer's two pivotal events: the distress of the COVID-19 pandemic, with its disproportionate impact on Native American communities, and protests demanding social justice, with related calls to honor Native American sovereignty.

One way tribes can exercise their sovereignty to protect the health of their tribal communities and ecosystems is to obtain treatment-as-state, or TAS, authorization from the U.S. Environmental Protection Agency. Although the exact authorities provided under TAS programs vary depending on the statute being implemented, the concept is that...

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