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Debates Forum

  1. Standard member sasquatch672
    Don't Like It Leave
    21 Jan '14 16:45 / 1 edit
    Here's your daily dose of "Just Who The F*** Does Obama Think He Is?".

    Why is the EPA altering state boundaries in Wyoming - and reversing over 100 years of established law? Well, apparently the city of Riverton now falls under the jurisdiction of the Wind River Indian Reservation. This, obviously, isn't sitting well with the governor's office - which is urging the EPA to reconsider its ruling and respect the rule of law.

    Reacting to the decision to reduce the size of Wyoming by about a million acres, Wyoming Governor Matt Mead warned of the dangers to all Americans of this type of unilateral land redistribution by the EPA:

    "I understand that the Northern Arapaho and Eastern Shoshone Tribes have a different opinion about the Wind River Reservation Boundary. My deep concern is about an administrative agency of the federal government altering a state's boundary and going against over 100 years of history and law.

    "This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop?" Governor Matt Mead said in a press release on January 6.

    Gov. Mead added, "The Attorney General's petition shows that, in conjunction with the Tribes, Congress diminished the Wind River Reservation in 1905. Given the fundamentally flawed process and decision and the likelihood of irreparable harm, the EPA should put a hold on its decision and reopen its process to incorporate all of the available evidence, give interested parties an opportunity to respond to the facts and arguments and complete its review in a transparent manner. The State has also asked the EPA to stay its decision until a final judicial decision has been issued."

    When Wyoming received the EPA's unpublished decision granting the Tribes "Treatment As State" status on December 9, 2013, Gov. Mead called on the state's attorney general to challenge the decision:

    "It is outrageous to me that a regulatory agency has proposed changing jurisdictional boundaries established by history and the Courts. I have asked the Attorney General to challenge this decision and defend the existing boundaries of the reservation.

    The business and economic reporting of CNSNews.com is funded in part with a gift made in memory of Dr. Keith C. Wold.

    - See more at: http://www.cnsnews.com/mrctv-blog/matt-vespa/epa-decree-shrinks-size-wyoming-million-acres#sthash.2bXYQWGA.dpuf
  2. Subscriber no1marauder
    It's Nice to Be Nice
    21 Jan '14 17:55
    Originally posted by sasquatch672
    Here's your daily dose of "Just Who The F*** Does Obama Think He Is?".

    Why is the EPA altering state boundaries in Wyoming - and reversing over 100 years of established law? Well, apparently the city of Riverton now falls under the jurisdiction of the Wind River Indian Reservation. This, obviously, isn't sitting well with the governor's office - wh ...[text shortened]... ews.com/mrctv-blog/matt-vespa/epa-decree-shrinks-size-wyoming-million-acres#sthash.2bXYQWGA.dpuf
    The EPA decision is here: http://www2.epa.gov/sites/production/files/2013-12/documents/attachment2capabilitystatement.pdf

    It is well-reasoned. The US government during the Reagan administration made the same argument that the Obama administration is making now i.e. that the 1905 Congressional Act did not intend to reduce the size of the reservation but merely intended to open part of it for non-Indian settlement. The US has acted as a trustee of the tribes concerning the "opened" land for over 100 years and, in fact, still holds over 70% of that land in that capacity. Moreover, the effect of the EPA decision is quite limited and authorized by law (in particular the Clean Air Act):

    None of the provisions for which the Tribes are seeking TAS eligibility would
    entail the exercise of Tribal regulatory authority under the CAA. The Tribes'
    application did not request, nor does EPA's decision approve, Tribal authority to
    implement any CA A regulatory programs or to otherwise exercise Tribal
    regulatory authority under the CAA.
    The Region 8 Decision Document sets forth EPA's determination with regard
    to the TAS eligibility criteria enumerated in CA A § 301(d)(2) and 40 C.F.R. § 49.6.
    The third TAS criterion at 40 C.F.R. § 49.6(c), which specifies that "the functions
    to be exercised by the Indian tribe pertain to the management and protection of
    air resources within the exterior boundaries of the reservation or other areas
    within the tribe's jurisdiction" entails a determination of the exterior boundaries
    of the Wind River Indian Reservation.


    In short, the Tribes will be able to conduct air quality monitoring and have to be consulted as to those matters which would fall under the Clean Air Act in the "opened" areas of the Reservation (which are mostly owned by the US government in trust).

    That's it. If the State of Wyoming disagrees with the decision, it may seek review in the Federal District Court.
  3. 22 Jan '14 00:38
    Originally posted by sasquatch672
    "Just Who The F*** Does Obama Think He Is?".
    The President?
  4. Subscriber no1marauder
    It's Nice to Be Nice
    22 Jan '14 01:09
    I have also looked over the Wyoming Attorney General's Petition for Reconsideration and Stay. It seems there is a genuine dispute over what Congress intended in 1905 and both sides have presented reasonable arguments. The case should be settled in the courts; I'm not an expert on this type of law and would need more time to consider the issue to come to an opinion (I'd also need to see the Tribes' response to WY Attorney General's Petition).

    That being said there is no "overreaching" here; the EPA was presented with a petition under the CAA by the relevant tribes which required it to determine what the legal exterior boundaries of the reservation where. It did so largely based on prior acts of the Federal Government including one with a "State rights" philosophy like the Reagan administration. They may be ultimately determined by the courts to have made the wrong decision (they may not be) but to screech about such a complex issue when you have little understanding of it is typical right wing hysteria.
  5. Standard member bill718
    Enigma
    23 Jan '14 04:40 / 1 edit
    Originally posted by sasquatch672
    Here's your daily dose of "Just Who The F*** Does Obama Think He Is?".

    Why is the EPA altering state boundaries in Wyoming - and reversing over 100 years of established law? Well, apparently the city of Riverton now falls under the jurisdiction of the Wind River Indian Reservation. This, obviously, isn't sitting well with the governor's office - wh ...[text shortened]... ews.com/mrctv-blog/matt-vespa/epa-decree-shrinks-size-wyoming-million-acres#sthash.2bXYQWGA.dpuf
    I would contend this is why we have courts of law. Clearly you don't agree with the President and the EPA on this matter, just as I didn't agree with many republican lawmakers in the past who sought to use eminent domain laws to snatch away private lands for commercial use. There will no doubt be challanges to this move by the President, so let the legal process work...it usually does.
  6. Standard member sasquatch672
    Don't Like It Leave
    28 Jan '14 19:26
    Originally posted by bill718
    I would contend this is why we have courts of law. Clearly you don't agree with the President and the EPA on this matter, just as I didn't agree with many republican lawmakers in the past who sought to use eminent domain laws to snatch away private lands for commercial use. There will no doubt be challanges to this move by the President, so let the legal process work...it usually does.
    I just wonder if you all are going to be ready for me at about 10:30 PM tonight.
  7. 30 Jan '14 03:22
    Well then, since the Sioux indians were given the Black Hills of the dakota's until gold was discovered, lets give them back to the indians as well.. Let them blast the faces right off that rock..