EPA grants state government control over tribal land

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The Young Turks (TYT) online journal reports that the EPA (Environmental Protection Agency) grants Oklahoma state government control over tribal land in environmental issues.

The following article is by Ti-Hua Chang:

“The Environmental Protection Agency (EPA) has granted the state (government) of Oklahoma regulatory control over environmental issues on nearly all tribal lands there, TYT has learned. This strips from 38 tribes in Oklahoma their sovereignty over environmental issues. It establishes a legal and administrative pathway to potential environmental abuses on tribal land, including dumping hazardous chemicals such as carcinogenic PCBs and petroleum spills, with no legal recourse by the tribes, according to a former high-level official of the EPA.

“This includes hazardous chemicals that are by-products of petroleum procurement and refining. In 2019, Oklahoma had the fourth largest petroleum industry in the U.S..

“TYT has obtained a copy of the letter EPA administrator Andrew Wheeler sent to Oklahoma governor J. Kevin Stitt October 1. The end of the opening paragraph states simply, ‘EPA hereby approves Oklahoma’s request.’

“Document: EPA administrator Wheeler’s letter on tribal sovereignty in Oklahoma:

“TYT previously revealed that July 22, Stitt requested control of environmental regulations on tribal land involving a wide range of issues. All of Stitt’s requests in his letter were granted by the EPA. They include:

‘“Hazardous waste-dumping on tribal lands which could be any of the hundreds of hazardous chemicals listed by the EPA, including formaldehyde, mercury, lead, asbestos, toxic air pollutants, per- and poly-fluoroalkyl substances (PFAS), pesticide chemicals, glyphosate, and polychlorinated biphenyls (PCBs).

‘“Underground Injection Control, an EPA program used to permit fracking. Fracking uses large amounts of high-pressured water to remove oil and gas from shale rock. It is a contributor to climate change and is known to leave behind contaminated water and toxic pollution.

‘“Protecting large agricultural polluters in industrial-sized livestock operations, most often dairy cows, hogs or chickens. These mega farms produce enormous amounts of waste, according to the Sierra Club, which estimates that ‘the quantity of urine and feces from even the smallest CAFO [Concentrated Animal Feeding Operation] is equivalent to the urine and feces produced by 16,000 humans.’ In his letter, Wheeler acknowledges that the U.S. Supreme Court decision, McGirt v. Oklahoma precipitated this EPA action. The McGirt ruling found that, by treaty, much of eastern Oklahoma is still Native American territory, which could mean under five tribes’ jurisdiction including for taxation and regulation. In anticipation of the decision, the Seminole tribe in 2018 issued an eight percent tax on oil and gas wells on its reservation land.

‘“The EPA has now granted the state (government) of Oklahoma the same authority it had before McGirt on environmental issues, especially on petroleum. It can do this because federal legislation can nullify Supreme Court rulings. In 2005, a midnight rider attached to a transportation bill took away environmental regulatory control by Oklahoma tribes if requested by the state as it has now done. The Oklahoma state government is pro-fossil fuel and pro-big agribusiness.

‘“This return to previous pro-fossil fuel regulations may be one factor in the multi-billion dollar merger of Oklahoma’s Devon Energy with WPX Energy.

‘“As previously reported by TYT, the Petroleum Alliance of Oklahoma knew about governor Stitt’s letter to the EPA July 22, the day it was sent. This was close to one month before the tribal governments were told.

‘“The EPA action infuriated Oklahoma’s Ponca Tribe. Casey Camp-Horinek, environmental ambassador & elder & hereditary drumkeeper, Ponca Tribe of Oklahoma, provided the following statement to TYT:

‘“After over 500 years of oppression, lies, genocide, ecocide, and broken treaties, we should have expected the EPA ruling in favor of racist governor Stitt of Oklahoma, yet it still stings. Under the (president Donald) Trump administration, destroying all environmental protection has been ramped up to give the fossil fuel industry life support as it takes its last dying breath. Who suffers the results? Everyone and everything! Who benefits? Trump and his cronies, climate change deniers such as governor Stitt, senators Jim Inhofe and James Lankford, who are financially supported by big oil and gas. I am convinced that we must fight back against this underhanded ruling. In the courts, on the front lines and in the international courts, life is at stake.”

“Summary report to tribes:

“TYT obtained the EPA summary report sent September 29 to Oklahoma’s tribes. In it, the EPA writes that the agency will keep Oklahoma’s environmental actions within federal law. But this is the same EPA that has rolled back 100 of the agency’s previous regulations protecting the environment and has pushed for a rule which would bar the agency from relying on scientific studies that have granted confidentiality to the people tested.”

Continued at thevoice.us/oklahoma-control-of-tribal-land-to-assist-big-corporations

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