In July 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, in which it held the Muscogee (Creek) Nation was never disestablished by Congress and therefore remains “Indian country” under federal law for purposes of criminal jurisdiction. At the time, Chief Justice Roberts wrote in his dissent that the decision had the potential to create “significant uncertainty” regarding environmental regulation in Oklahoma. The U.S. Environmental Protection Agency (EPA) entered the fray last month when it issued a notice and request for comment concerning the reconsideration of its October 2020 confirmation of Oklahoma’s EPA-approved environmental regulatory programs. Energy, Environment & Natural Resources Practice Group member Tim Sowecke discusses the history of federal environmental regulations between states and tribes, including the “Midnight Rider” provision that was inserted into a 2005 transportation bill, and provides clarity on what stakeholders and the business community can expect when trying to alleviate the uncertainty surrounding McGirt and its impact on Oklahoma’s environmental regulations.
About Tim Sowecke
