Chapter 10 Environmental Regulation in Indian Country
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44 P.439, n.101. Add the following to the end of the footnote: Most recently, the EPA has issued a memorandum, Strategy for Reviewing Tribal Eligibility Applications to Administer EPA Regulatory Programs (Jan. 23, 2008), available at http://www.epa.gov/tribal/pdf/strategy-for-reviewing-applications -for-tas-01-23-08.pdf (last visited Jul. 28, 2009), aimed at improving the process for TAS application review under the CWA, CAA and SDWA. See generally David F. Coursen, EPA’s New Tribal Strategy, 38 Envtl. L. Rep. News & Analysis 10643 (2008) (discussing the background and development of the TAS process generally under the three statutes and the new strategy’s components). P.449, n.178. Add the following to the end of the footnote: The Tenth Circuit subsequently upheld the EPA’s determination that the involved land constituted a “dependent Indian community,” as such term is used in 18 U.S.C. § 1151(b), for “Indian country” purposes. Hydro Res., Inc. v. USEPA, 562 F.3d 1249, 1262–67 (10th Cir. 2009). P.450, n.191. Add the following to the end of the footnote: Where a tribe has not submitted a plan, the EPA construes its regulations to permit it to adopt a federal plan that incorporates “a previously-approved state plan” and “to take limited action to fill a regulatory gap without having to conduct extensive, area-wide modeling and analysis.” Ariz. Pub. Serv. Co. v. USEPA, 562 F.3d 1116, 1124 (10th Cir. 2009). The Tenth Circuit extended deference to this construction, at least when “[t]he federal plan codifies in part [a state’s] plan—previously studied, analyzed, approved, and in place—and relies on current data demonstrating that the air quality in the area of the [involved facility] is better than the national air standards for criteria pollutants .” Id. at 1126. P.461, n.296. Delete the text of the footnote between “30 U.S.C. § 1292(b)” in the third-to-last line and the period at the footnote’s conclusion. Chapter 10 Environmental Regulation in Indian Country 45 Environmental Regulation in Indian Country P.462. Delete from the last sentence of the first paragraph “may be expended in any state at the Secretary’s discretion ”, and replace the deletion with “are subject to distribution to otherwise eligible tribes in the form of ‘tribal share funds’ under a formula prescribed by regulation”. P.462, n.299. Delete the text of the current footnote before the period , and substitute the following: 73 Fed. Reg. 67,576, 67,635 (Nov. 14, 2008) (codified at 30 C.F.R. § 872.18) ...


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