Wyoming is in a battle over boundaries with the EPA after a controversial ruling that declared the town of Riverton to fall within the boundaries of the Wind River Reservation. The EPA’s ruling came after the Eastern Shoshone and Northern Arapaho tribes applied to have their reservation considered a separate state under the Clean Air Act in order for the tribes to monitor the air quality within 50 miles of their reservation.
In accordance with the ruling the EPA examined the Wind River Reservation boundaries and found that Riverton fell within the borders of the reservation.
The decision contradicted a law passed by Congress in 1905, which opened up the Wind River Reservation land to non-Native settlers; the EPA argued that while the law allowed for settlement on the land, it did not invalidate the territory’s reservation status.
The ruling is being met with mixed emotions as many Riverton residents raised concerns about what the decision would mean for federal and state benefits. Because the EPA has decided that the land, which is over one million acres, legally belongs to the Eastern Shoshone and Northern Arapaho, the tribes will receive more federal money and crimes committed on the reservation will now be tried in tribal courts. The ruling also means Riverton businesses may be eligible for tax credits when employing tribal members.
Many Wyoming state officials openly oppose and are criticizing the EPA’s decision. Governor Matt Mead said he will not recognize the ruling.
“The decision goes against 100 years of history, involving over a million acres of land. It is not a decision that should come from a regulatory agency,” said Governor Mead in a press release from late December. “I believe the EPA is in the wrong and I will not honor its decision.”
Upon hearing the EPA’s ruling Governor Mead instructed Wyoming’s Attorney General, Peter Michael, to take action against the EPA’s decision. After Governor Mead’s administration requested the EPA to put a hold on implementing their decision Michael wrote to the EPA’s national administrator Gina McCarthy and regional administrator Shawn McGrawth.
“The EPA not only reached the wrong conclusion, but the agency also employed a fundamentally unfair and skewed process, to the detriment of the state and its citizens in pursuit of its predetermined objective,” wrote Attorney General Michael.
Governor Mead’s concerns go beyond what this decision will mean for Riverton and its residents. In a press release issued by his office last week, Governor Mead discussed what the ruling could mean for future EPA rulings.
“This should be a concern to all citizens,” said Governor Mead. “If the EPA can unilaterally take land away from a state, where will it stop?”
Along with those who oppose the EPA’s decision, many also support the ruling, claiming that it is long over due. The spokesman for the Northern Arapaho tribe, Mark Howell, agreed with the decision.
“The truth of the matter is, Riverton has been within the exterior boundaries of the reservation for a long, long time,” explained Howell in a press release, “Long prior to 1905. This decision simply reaffirms that point.”
Within the last 30 years Wyoming courts handed down two rulings on the boundary dispute. In 1980 the Wyoming Supreme Court found that Riverton fell within the reservation’s borders. However, in 2008 another Wyoming high court ruled Riverton a separate territory outside of the reservation’s boundaries.
Governor Mead has said he will challenge the agency’s ruling in federal court, arguing that the passing of the 1905 law meant the territory was ceded to the federal government. The governor is request the EPA postpone its decision until a final judicial verdict has been reached.
“We need certainty while this is reviewed by the EPA and while Wyoming continues to prepare a legal challenge to this decision,” said Governor Mead. “This is too important and too flawed a decision not to pursue every avenue possible.”
