DC Circ. Blocks EPA Air Plan For Okla. Indian Country

Law360, New York (January 17, 2014, 3:19 PM EST) -- The D.C. Circuit on Friday shot down federal air quality standards for nonreservation Indian Country lands in Oklahoma, ruling that the U.S. Environmental Protection Agency cannot replace a state plan in areas where Native American communities haven't asserted tribal jurisdiction.

The appeals court found that EPA only has Clean Air Act authority when tribes have control over Indian lands outside reservations, such as designated allotments to so-called dependent Indian communities, and have failed to issue a tribal implementation plan. Otherwise, regulatory power lies with state regulators....
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