Wisconsin v. Environmental Protection Agency

266 F.3d 741 (2001)

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Wisconsin v. Environmental Protection Agency

United States Court of Appeals for the Seventh Circuit
266 F.3d 741 (2001)

  • Written by Tammy Boggs, JD

Facts

The Mole Lake Band of Lake Superior Chippewa Indians (the band) lived on a reservation in northeastern Wisconsin. The 1,850-acre reservation was located on federal land held in trust by the United States for the band. The band relied heavily on water resources within the reservation, such as Rice Lake, for food, water, medicine, and raw materials. The State of Wisconsin (plaintiff) asserted ownership over the lakebed of Rice Lake. Pursuant to the Clean Water Act (CWA), the band applied to the Environmental Protection Agency (EPA) (defendant) for treatment-as-state (TAS) status, which would allow the band to regulate waters within the reservation essentially like a state. Wisconsin opposed the band’s application, mainly because Wisconsin planned to construct a mine located upstream from Rice Lake and tribal water standards would likely limit the mine’s discharge of pollutants. The EPA granted TAS status to the band. Wisconsin sued the EPA seeking revocation of the TAS grant. The district court ruled in the EPA’s favor, and Wisconsin appealed.

Rule of Law

Issue

Holding and Reasoning (Wood, J.)

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Casebooks

Environmental Law
Indian Law

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