Tenth Circuit Rules Oklahoma May Run Environmental Programs on Tribal Land; Stitt Welcomes Ruling
The U.S. Court of Appeals for the Tenth Circuit ruled 2 to 1 on October 16 that Oklahoma may administer federally delegated environmental programs across the state, including on reservation land, without a mandatory tribal consultation condition, dismissing the Pawnee Nation's challenge.
Governor Kevin Stitt welcomed the ruling in a statement on October 20. The decision rests on Section 10211(a) of the 2005 federal transportation law — the so-called "midnight rider" — and covers 26 federal environmental programs.
After the Supreme Court's 2020 McGirt decision, the EPA first approved Oklahoma's request, withdrew it for reconsideration in 2021, approved it with a tribal consultation condition in January 2025, then re-approved it without the condition in May 2025; the Pawnee Nation sued. Sixteen tribes had asked the EPA to reconsider.
Judge Federico dissented. Tribal leaders expressed disappointment, and further appeals have not been announced.
Published by GSM · USA (original Chinese edition)
Photo: 俄克拉荷马城航拍（图片：Wikimedia Commons）/ Aerial view of Oklahoma City (Photo: Wikimedia Commons)
