Wyoming officials are taking the Environmental Protection Agency to court in a bid to reverse a sweeping agency ruling that transferred more than 1 million acres of land — including an entire city — to Native American tribes.
Wyoming Attorney General Peter K. Michael filed his state’s appeal Friday morning before the U.S. Court of Appeals for the 10th Circuit. The state wants either the EPA to reverse, or the courts to overturn, a December ruling on a request from the Northern Arapaho and Eastern Shoshone tribes.
The Daily Caller gives us an update to a story first covered by Haylie Shipp here at Northern Broadcasting.
From The DC: EPA overrides Congress, hands over town to Indian tribes
Have you heard the story of the residents of Riverton, Wyo.? One day they were Wyomingans, the next they were members of the Wind River tribes — after the Environmental Protection Agency declared the town part of the Wind River Indian Reservation, undoing a 1905 law passed by Congress and angering state officials.
The surprise decision was made by officials of the EPA, the Department of Interior, and Department of Justice early last month, and has invoked the ire of Gov. Matt Mead, who has vowed not to honor the agency’s decision and is preparing to fight in court.
The worry by state officials is that turning Riverton, a town of over 10,000 people, over to the tribes will come with a slew of tax and law enforcement complications. Since Riverton is now part of the Wind River reservation, it is technically no longer eligible for state services and no longer falls under local law enforcement. Mead, however, has ordered that state agencies conduct “business as usual” in regards to Riverton, meaning state services, law enforcement and regulations will continue.
Haylie Shipp first had the story for us here at Northern Broadcasting featuring a news release from the Office of Wyoming Governor Matt Mead:
“I understand that the Northern Arapaho and Eastern Shoshone Tribes have a different opinion about the Wind River Reservation Boundary. My deep concern is about an administrative agency of the federal government altering a state’s boundary and going against over 100 years of history and law. This should be a concern to all citizens because, if the EPA can unilaterally take land away from a state, where will it stop?” Governor Matt Mead said. “I want to thank the Attorney General and his staff for acting with urgency and preparing a thorough review of the historical record. This analysis shows how flawed the EPA was in its legal justification for its decision. The federal government clearly had a predetermined outcome it sought to uphold.”
The Attorney General’s petition shows that, in conjunction with the Tribes, Congress diminished the Wind River Reservation in 1905. Given the fundamentally flawed process and decision and the likelihood of irreparable harm, the EPA should put a hold on its decision and reopen its process to incorporate all of the available evidence, give interested parties an opportunity to respond to the facts and arguments and complete its review in a transparent manner.
Click here for more from Haylie.