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.