Environment
Unconditional state authority upheld 2-1Restore 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
UpdatedThe appeals court upheld EPA’s unconditional approval of Oklahoma’s authority.
They call it the Midnight Rider, tremendous name, sounds Tough and it WORKED!
Legal located the controlling instruction inside a 2005 transportation law.
Congress wrote SHALL APPROVE. Very clear words, even a Judge can see it..... some Judges!
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!
The dissent requested clearer congressional authorization before displacing tribal authority.
Two to One, we WON. Put the Environment under Oklahoma and let them do the Environmental-ing, goodly and FAST!
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.