Corporate Training By Zack Academy - Tribal Environmental Regulation and Jurisdiction

Why Should You Take This Tribal Environmental Regulation and Jurisdiction course?

Gain an understanding of environmental regulation and jurisdictional issues on and affecting Indian Reservation with this 2-day Tribal Environmental Regulation and Jurisdiction introductory course. Key issues explored include: when Tribes have regulatory authority over who and what on Reservation; the interplay of tribal sovereignty and ordinances, federal law and when state and local laws may apply.

After an introduction to the basic environmental laws and policies that apply to Indian Country, discussion will shift to protection of air and water quality, waste management, environmental reviews and the intersection of land use and environmental regulation. The course will also explore the emerging topic of potential regulation related to climate change mitigation and adaptation.

Intended Audience:

• Tribal environmental staff to improve their knowledge of environmental regulatory roles, powers and options.
• Tribal leadership who want to better understand their power and sovereignty within the context of environmental protection.
• State, local and federal regulatory officials to improve their understanding of the boundaries of jurisdiction and how to work with tribes.
• Attorneys with interest, but little experience in Indian Law.
• Others who wish to better understand how to work in Indian Country or with tribal environmental regulations.

Topics To Be Covered Include:

• Basic Federal Indian Law – from Treaties to current judicial trends, the basic underpinnings and history of the laws governing Tribes and Reservations.
• Inherent Authority of Tribes as sovereign governments and its limits, including the judicial trends of the last couple decades often narrowing that authority.
• Delegation of regulatory authority by Congress and the EPA to Tribes for implementation of federal environmental laws, including the process, and pitfalls, of such delegation.
• Regulation of water quality on Reservation and how various section of the Clean Water Act apply.
• Air quality Monitoring and Protection from emission sources on and near affected Reservations.
• Tribal Programs for Hazardous waste management and cleanup, Brownfields redevelopment and spill response.
• Environmental Review under Federal NEPA, Tribal TEPAs and the role of the Endangered Species Act.
• Land Use planning and permitting on Reservations and its intersection with environmental regulation and jurisdiction.
• Climate change and what regulatory role tribes may play in both adaptation and mitigation response.

What to Bring to Class:  Pen or pencil, and paper if you do not want to take notes in your manual. Drinks and snacks will be provided each day. Lunch will be on your own.

Syllabus

Syllabus:

Day 1

• Basic Federal Indian Law – from Treaties to current judicial trends, the basic underpinnings and history of the laws governing Tribes and Reservations.
• Inherent Authority of Tribes as sovereign governments and its limits, including the judicial trends of the last couple decades often narrowing that authority.
• Delegation of regulatory authority by Congress and the EPA to Tribes for implementation of federal environmental laws, including the process, and pitfalls, of such delegation.
• Regulation of water quality on Reservation and how various section of the Clean Water Act apply.
• Air quality Monitoring and Protection from emission sources on and near affected Reservations.

Day 2

• Tribal Programs for Hazardous waste management and cleanup, Brownfields redevelopment and spill response.
• Environmental Review under Federal NEPA, Tribal TEPAs and the role of the Endangered Species Act.
• Land Use planning and permitting on Reservations and its intersection with environmental regulation and jurisdiction.
• Climate change and what regulatory role tribes may play in both adaptation and mitigation response.