Merrill Matthews, a resident scholar at the Institute for Policy Innovation (IPI), says the case is symptomatic of the federal government’s addiction to regulatory overreach. “Oklahoma, and specifically Attorney General Scott Pruitt, has been very aggressive in asserting the prerogatives of the state and pushing back against federal regulatory overreach. Even the newly packed, Obama-appointed, D.C. Circuit Court of Appeals could see the EPA was wrong this time,” said Matthews. “It is a good and growing trend: As the federal government increasingly tries to tell states what they must do, especially in regard to environmental policy, the states are embracing federalism and standing up to Washington,” Matthews observed. John Dunn, a physician, lawyer, and policy advisor for the Heartland Institute, explained EPA was attempting another in a long line of power grabs. “Indian lands are ‘open country.’ There are no industries or cities with high-density populations there. What this proves is EPA is just puttering around on Indian Territory looking to accumulate more power,” said Dunn.Get the Story:
Kenneth Artz: EPA Rule for Indian Country Tossed Out (Heartland Institute 2/17) D.C. Circuit Decision:
Oklahoma Department of Environmental Quality v. EPA (January 17, 2014) Federal Register Notice:
Review of New Sources and Modifications in Indian Country (July 1, 2011)
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