EPA Defends Reservation Boundary Ruling At 10th Circ.

Law360, New York (April 7, 2015, 4:39 PM EDT) -- The U.S. Environmental Protection Agency on Monday told the Tenth Circuit its controversial definition of a Wyoming Native American reservation’s boundaries comports with Congress’ original intent for the land, and that two tribes should have Clean Air Act authority in the area.

The Northern Arapaho and Eastern Shoshone tribes jointly inhabit the Wind River Reservation in western Wyoming and have asked the EPA for treatment-as-state status under the Clean Air Act. In 2013, the EPA granted the tribes’ request and ruled that a 1905 Congressional act didn’t diminish the reservation’s boundaries, but the state appealed, arguing that determination is flawed....

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