Abstract

http://ssrn.com/abstract=1939538
 


 



Using Plenary Power as a Sword: Tribal Civil Regulatory Jurisdiction under the Clean Water Act after United States v. Lara


Ann E. Tweedy


Hamline University School of Law

March 5, 2005

Environmental Law, Vol. 35, p. 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 legislatively restore tribal sovereignty over water quality. First, this article delineates the pre-Lara requirements, for TAS status and examines the interpretation adopted by the Environmental Protection Agency (EPA) of the CWA’s TAS provisions. Second, the article explains (1) Lara, (2) its implications, and (3) 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 of the Act as restoring tribal sovereignty in the context of water quality.

Number of Pages in PDF File: 20

Keywords: Treatment-as-State, Clean Water Act, tribal sovereignty, water quality, Environmental Protection Agency, Lara

Accepted Paper Series





Download This Paper

Date posted: October 8, 2011 ; Last revised: October 28, 2013

Suggested Citation

Tweedy, Ann E., Using Plenary Power as a Sword: Tribal Civil Regulatory Jurisdiction under the Clean Water Act after United States v. Lara (March 5, 2005). Environmental Law, Vol. 35, p. 471, 2005. Available at SSRN: http://ssrn.com/abstract=1939538

Contact Information

Ann E. Tweedy (Contact Author)
Hamline University School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
651-523-2076 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 278
Downloads: 29

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.360 seconds