Arizona Public Service Company v. Environmental Protection Agency
United States Court of Appeals for the District of Columbia
211 F.3d 1280 (D.C. Cir. 2001)
Relevant factsFree
The 1990 Clean Air Act amendments gave tribes power over reservation air quality comparable to states' authority over state lands, and the EPA (defendant) interpreted this to cover all lands within reservation boundaries, including those held by nonmembers and lands held in trust; Arizona Public Service (plaintiff) challenged this reading, arguing Congress never delegated authority over nonmember lands and that "reservation" shouldn't include trust lands.
IssueFree
Whether Congress delegated to Indian tribes full authority to regulate air quality on their reservations, including on lands held by nonmembers and trust lands.
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