The Supreme Court has significantly changed federal administrative law. How will Indian Country be impacted?

Tribes and Federal Environmental Administrative Law

Federal Indian law in the United States is a complex field centered on the legal relationship between the federal government and Indian Tribes and rooted in the principle of tribal sovereignty recognized in the United States Constitution. Over time, treaties, statutes, court decisions, agency regulations, and Executive Orders have recognized a special relationship between the United States and Tribes stemming from Tribes’ authority for self-governance. For instance, President Clinton’s 2000 Executive Order 13175 sets forth the federal government’s duty to engage in “government-to-government” consultation with Tribes before taking an action that may affect tribal interests. Agencies further implement this government-to-government consultation requirement through policy. In the environmental law context, Congress has recognized tribal sovereignty by providing that Tribes may be treated in a similar manner as a State for matters such as assuming federal permitting programs for implementation on their lands or establishing water quality standards pursuant to the Clean Water Act (CWA).

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