Article
Using Plenary Power as a Sword: Tribal Civil Regulatory Jurisdiction Under the Clean Water Act After United States v. Lara
35 Environmental Law 471
(2005)
Abstract
This essay examines the implications of the Supreme Court's decision in United States v. Lara for tribes seeking Treatment-as-State (TAS) status under the Clean Water Act (CWA). It concludes that, because the CWA recognizes and affirms tribal sovereignty over water quality, the CWA should be read, under Lara, to reinvest tribal sovereignty. First, this article delineates the pre-Lara requirements for TAS status and examines the interpretation by the Environmental Protection Agency (EPA) of the CWA's TAS provisions. Second, the article explains in detail Lara, its implications, and the context of prior Supreme Court cases on tribal sovereignty. Finally, this essay argues that the CWA's plain language, its legislative history, and its other provisions support a reading that reinvests tribal sovereignty.
Disciplines
Publication Date
2005
Citation Information
Ann E. Tweedy, Using Plenary Power as a Sword: Tribal Civil Regulatory Jurisdiction Under the Clean Water Act After United States v. Lara, 35 Envtl. L. 471 (2005)