ELR Citation: ELR 20221
No(s). 83-7763 (9th Cir. Feb 6, 1985)

The court holds that the Resource Conservation and Recovery Act (RCRA) does not empower states to regulate Indians' hazardous waste activities on Indian lands. EPA refused to approve Washington's proposed state program because it purported to regulate such activities. The court first holds it has jurisdiction to review EPA's refusal, rejecting EPA's argument that the law at issue is clearly embodied in its RCRA §3006 regulations, which were only reviewable immediately after promulgation and in the D.C. Circuit. The court holds that RCRA does not directly address the power of states to regulate Indian activities, and that EPA's interpretation of RCRA on this point is due deference if it is reasonable. EPA's interpretation is reasonable and accords with well-settled principles of federal Indian law, the federal trust responsibility toward the Indian tribes, concern over siting of dumps on reservations, respect for tribal sovereignty, and the policy of encouraging tribal self-government in environmental matters. The court notes that the Clean Air Act has been interpreted to allow EPA to delegate to the tribes authority to set air quality goals, and that the Air Act's grant of authority to the states is broader than RCRA's.

Counsel for Petitioner
Charles B. Roe Jr.
Office of the Attorney General
Temple of Justice, Olympia WA 98504
(206) 753-6200

Counsel for Respondent
David Dearing, Lee R. Tyner
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2741

Before: WRIGHT, PREGERSON & CANBY, Circuit Judges.