10th Circuit U.S. Court of Appeals Upholds 'Inhofe's Midnight Rider' Limiting Tribal EPA Authority in Oklahoma
The 10th Circuit U.S. Court of Appeals has upheld a 2005 federal law, commonly known as 'Inhofe's midnight rider,' which restricts the ability of tribal governments in Oklahoma to obtain 'treatment-as-states' (TAS) status with the Environmental Protection Agency (EPA). This provision effectively grants Oklahoma primacy over the regulation of petroleum waste injection wells, even within Indian Country land. In a 2-1 ruling, the court affirmed the EPA's decision to approve Oklahoma's request to extend 26 state environmental regulatory programs to Indian Country. The Pawnee Nation of Oklahoma had challenged this decision, arguing errors in the rule change and administrative process, and that the rider had expired. However, the majority opinion, written by Judge Timothy Tymkovich, concluded that the provision remains active and that the EPA acted in accordance with its requirements. Judge Richard Federico dissented, arguing that Congress did not speak clearly enough to support the EPA's decision, especially co...
