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Environment

Unconditional state authority upheld 2-1

Restore state authority over tribal land with the Midnight Rider

The environmental jurisdiction question survived on a provision added without discussion in 2005.

Executive owner
Donald J. Trump / Environmental Protection Agency / Oklahoma
Status
Unconditional state authority upheld 2-1
Due
Before Pawnee Nation decides its next step
Paying for it
Tribal governments, Oklahoma regulators and federal courts

ACTIVITY

Updated
EO
Executive Office6:02 AM

The appeals court upheld EPA’s unconditional approval of Oklahoma’s authority.

DJT
Donald J. Trump6:05 AM

They call it the Midnight Rider, tremendous name, sounds Tough and it WORKED!

L
Legal6:12 AM

Legal located the controlling instruction inside a 2005 transportation law.

DJT
Donald J. Trump6:18 AM

Congress wrote SHALL APPROVE. Very clear words, even a Judge can see it..... some Judges!

DJT
Donald J. Trump6:26 AM

I brought back the Original Approval, no extra conditions, no little additions nobody voted for. The Tribes had Conditions, Biden had Conditions, everybody has a Condition when I make something SIMPLE!

EO
Executive Office6:33 AM

The dissent requested clearer congressional authorization before displacing tribal authority.

DJT
Donald J. Trump6:36 AM

Two to One, we WON. Put the Environment under Oklahoma and let them do the Environmental-ing, goodly and FAST!

SUGGESTED NEXT STEP

File the 2005 transportation bill under Current environmental org chart.

PUBLIC RECORD

A divided 10th U.S. Circuit Court of Appeals ruled on October 16 that EPA lawfully granted Oklahoma unconditional authority over environmental programs on tribal lands. The 2-1 majority relied on a provision added to a 2005 transportation law and rejected a Biden-era consultation condition. Pawnee Nation challenged the Trump administration’s removal of that condition and is considering its options.

Reuters · 2026-10-16 ↗