Safetea Act Allows Epa to Attack Tribal Rights Tribal Sovereignty Trampled by Epa, Big Oil and Senator Inhofe’S 2005 Rider
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TUCCÊNENNATIVE AMERICAN JOURNALISM ASSOCIATION ANDTHE SOCIETY MVSKOKE OF PROFESSIONAL NEWS JOURNALIST AWARD WINNING PUBLICATIONPAGE 1 NOV 1, 2020 | “EHOLE” FROST MONTH | VOL. 50, ISSUE 21 SAFETEA ACT ALLOWS EPA TO ATTACK TRIBAL RIGHTS TRIBAL SOVEREIGNTY TRAMPLED BY EPA, BIG OIL AND SENATOR INHOFE’S 2005 RIDER Angel Ellis ulation of fossil fuels. Vari- ‘Unfortunately, the gover- Clean Air, Clean Water, and REPORTER ous donors have contributed nor’s decision to invoke a 2005 Drinking Water Acts will be $230,000 to the Stitt cam- federal law ignores the long- under the state’s oversight. It paign according to www.fol- standing relationship between removes oversight of environ- OKMULGEE, Oklahoma lowthemoney.org state agencies and the Cher- mental issues for the 38 feder- — The Environmental Protec- MCN Principal Chief okee Nation,’ Chief Hoskins ally recognized tribes of Okla- tion Agency (EPA), an inde- David Hill called the Gov- said. ‘It’s disappointing the homa. pendent executive agency of ernor’s tactics, “A swift move Cherokee Nation’s request that This decision means that the United States federal gov- meant to circumvent the appro- the EPA thoughtfully con- tribes wanting to apply for reg- ernment, used U.S. Senator priate time and available infor- sult with Oklahoma tribes on ulatory oversight of these envi- Inhofe’s 2005 SAFETEA Act mation to adequately respond.” this delegation request was ronmental programs must do as a tool to assert the State of “The Muscogee (Creek) ignored.’ so with the State of Oklahoma Oklahoma will have regula- Nation is disappointed in ‘All Oklahomans bene- according to the EPA. tory control over environmen- the decision of the EPA to fit when the Tribes and state The only exceptions to this tal issues on tribal lands in the grant Governor Stitt’s request work together in the spirit of environmental oversight by the state on Oct. 1. to administer environmen- mutual respect and this knee- state would be similar to the Through a letter to Gov. tal regulation in certain areas jerk reaction to curtail tribal scope of tribal authority before Kevin Stitt the EPA announces of Indian Country under the jurisdiction is not productive.’ the USSC reaffirmed reserva- that it approved the State of SAFETEA Act of 2005,” The National Congress of tion status for the MCN. The Oklahoma’s request to ‘admin- Chief Hill said. “The Mus- American Indians has publicly agreement will benefit fossil ister in certain areas of Indian cogee (Creek) Nation acted Pictured is EPA Administrator condemned all legislation that fuel companies and commer- country the States environ- swiftly, submitting a request Adam Wheeler, who announced diminishes the sovereignty, cial agricultural operations. mental regulatory programs for tribal consultation just the EPA decision to grant the jurisdiction or treaty rights of The EPA based its con- that were previously approved two days after the Governors State of Oklahoma regulatory tribal nations that are affirmed clusions on the mandate in a by the EPA.’ request.” control of Native American tribal in the United States Consti- 2005-midnight rider maneu- The decision to grant the “The MCN will continue lands. (Photo courtesy of US En- tution, statutes, and judicial vered into transportation by State control of environmen- seeking to remedy the situa- vironmental Protection Agency) opinions such as the McGirt Sen. James Inhofe. While the tal issues came after a July 22, tion.” SCOTUS decision. MCN Principal Chief has pub- request from Stitt (Cherokee). The Muscogee (Creek) Chief Chuck Hoskin Jr. issued In the EPA’s response licly said the tribe will seek The Governor’s request leader was not alone in his a similar statement condemn- to the Governors request, remedy, there is no word yet asked the EPA to grant Okla- disappointment in the EPA. ing the decision as a knee-jerk EPA Administrator Andrew on what the next step is for the homa jurisdiction over reg- Cherokee Nation Principal reaction. Wheeler confirmed many MCN. CHEROKEE PHOENIX EXPANSIONS NEEDED FOR TRIBAL COURTS INCREASED CASELOADS AND THE COVID RESTRICTIONS SLOW SOME JUDICIAL ASSISTANT EDITOR TO PROCESSES SERVE ON BOARD Angel Ellis TRAVIS SNELL FILLS THE FINAL SEAT TO COMPLETE THE MVSKOKE MEDIA EDITORIAL BOARD REPORTER Lani Hansen OKMULGEE, Oklahoma — MCN District courts will be SENIOR REPORTER expanding capacity in the wake of the SCOTUS decision reaf- OKMULGEE, Oklahoma- firming the tribe’s jurisdictional The Mvskoke Media’s Edito- boundaries. MCN District rial Board selection has now Court Judge Greg Bigler has been completed with all three reported a significant increase members being chosen. in caseload over the past ten Those being placed onto weeks. the Mvskoke Media board are The MCN Justice depart- Principal Chief David Hill’s ment according to MCN Dis- pick of Rebecca Landsberry; trict Court Judge Greg Bigler MCN National Council pick closely watched the decision Pictured is MCN District Court Judge Bigler. (MN File Photo) of Spencer Torbett; and the and for good reason. It had the third member Travis Snell potential to mean more cases for Cherokee Phoenix Assistant Ed- was chosen by Landsberry and the tribe’s justice system. itor Travis Snell will be sitting on Torbett combined. “When we were waiting for For instance, if a person were “Everyday now we have any- the Editorial Board for one year. Snell is a Cherokee citi- that decision, we were nervous,” accused of possessing a con- where from 5 to ten arraign- (Submission) zen, who grew up in Delaware Bigler said. “The court was sus- trolled substance and assault, ments and we are seeing an County in Kansas, OK where pected to be closely decided, so those would be separate charges increase with protective orders.” he graduated high school. He board. Snell previously served when it came out, we were very but included in the same case. During this time ramped attended Oklahoma City Uni- on the Editorial Board before excited that Gorsuch had writ- Bigler said that those are not up of cases, the justice system versity receiving his bache- it was eliminated under the ten the opinion.” all new cases; many of those have is still having to deal with the lor’s degree in Mass Commu- old free press act when he Bigler said that Gorsuch was been shifted to tribal courts. health and safety issues associ- nications, with an emphasis in served as the President of the supportive when he was on the “It will continue to be more ated with COVID-19. print. board. bench in Denver. than what we use to see, but He said that some of the “I worked at the Grove “I want to make sure “When he was being once they are processed there ways that this is being handled, Sun Daily in Northern Dela- Mvskoke Media has editorial appointed many Indian organi- will be a taper off,” Bigler said. is to do as much remote hearings ware County after I graduated policy that is fair and balanced zations were in support of Gor- “We have these cases that being as possible. for about six months,” Snell to everyone,” Snell stated such’s appointment.” sent to our courts, and that falls “For our law enforcement, said. “Then I was transferred about his goal for Mvskoke The SCOTUS opinion was a lot on the clerks.” clerks, attorneys, and prosecu- to its weekly paper, Delaware Media. “Also provides accu- widely celebrated in Indigenous “We are going to need more tors to come down with COVID County Journal for about four rate news, and basically oper- communities across the U.S. clerks and we are trying to and need quarantine then all or five months before joining ate as a news gathering source “The decision was a very advertise and get those positions this could grind to a halt,” Bigler the Cherokee Phoenix.” and present it properly to its strong statement supportive of staffed. “ said. “We have had some cases Snell joined the Cherokee citizens.” treaties,” Bigler said. “That is a Bigler said that the courts are that are reached by plea agree- Phoenix in November 2000, Snell also added their goal positive for all Indian nations.” now in processing and have not ment so those have completed.” when he started out as a staff for Mvskoke Media should be Bigler said that this was one gotten to the motions and jury “We will have health conerns writer. According to Chero- to hire someone in the Direc- of the instances where you have stages of these processes. One for our jury pool, when the time kee Phoenix website, he won tor’s job that handles the day- to be careful what you wish for. of the needs of the courts will be comes.” numerous awards from the to-day operations properly. “It is a lot more work but we to physically expand the court. Bigler said that all levels of Native American Journalists “I was happy to serve are very excited for it,” Bigler Bigler said there is a need of government are pushing out jury Association and the Richard again,” Snell said about being said. “From the first of the year an increase in attorneys, clerks, trials in order to protect the staff LaCourse Award in 2003 for selected to serve. “I had fun up until the decision we had prosecutors and space. and public. He also said that the best investigative story. Now the first time until the elimi- about 16 felony cases filed.” “We will need a new court tribe is looking to find solutions Snell is the assistant editor for nations of the free press act. I “Since then we have had building and that is something to implement those hearings the Cherokee Phoenix.