Judson Berger
Fox News
Feburary 15, 2014
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 tribes had sought “state status” in order to administer air quality monitoring. The EPA, in the course of reviewing the request, determined the land in question actually belongs to the Wind River Indian Reservation and has for more than a century, despite a 1905 law opening it to non-tribal members.
The decision, which encompassed the city of Riverton, caused intense controversy as officials warned about a range of disruptive consequences, including the possibility that jailed tribal members could now challenge their convictions.
Offering some relief, the EPA earlier this week agreed to put its own decision on hold at the request of the state and the tribes themselves. The state was the first to ask for a stay, calling the decision “arbitrary” and “wrong.” But the tribes followed suit, in the interest of soothing tensions.