I CAN SEE CLEARLY NOW: THE EPA’S AUTHORITY TO REGULATE INDIAN COUNTRY UNDER THE CLEAN AIR ACT
“Between 1998 and 2011, the skies over Indian country existed in a regulatory gap. This gap was not merely inadvertent but was a foreseeable consequence of congressional intent to delegate regulatory authority under the Clean Air Act (CAA) to Indian tribes. In 1998, the U.S. Environmental Protection Agency (EPA) published the Tribal Authority Rule, which …