For over thirty years, the Environmental Protection Agency (EPA) has recognized Indian tribes as local governments appropriately responsible for environmental
management in Indian country. In the last decade,2 EPA’s Indian Program actions have increasingly come under fire; EPA has been directly challenged in court no fewer than ten times, most commonly by states and their agencies and subdivisions seeking to avoid federal and/or tribal control. States have objected that EPA improperly retained program
responsibilities in Indian country rather than delegate them to states,3 erroneously interpreted Congress’ treatment of tribal program responsibility,4 erroneously interpreted federal Indian law’s treatment of inherent tribal sovereignty,5 and erred in approving tribal program actions or incorporating them into federal actions.6 Non-Indian companies and organizations have made similar claims.
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