The White Earth Nation is set to collaborate with other tribal nations and environmental organizations in a federal lawsuit that will defend a new rule by the Environmental Protection Agency. The rule requires states to take into account the treaty rights of water-dependent tribal nations.
In June, the EPA implemented a new rule which established a distinct procedure for states to take into account the vested rights of tribal members when making water management decisions.
Earlier this month, a dozen states, including North Dakota, South Dakota, and Iowa, filed a lawsuit against the EPA, alleging that the agency has overstepped its authority in administering the Clean Water Act. The attorneys general contend that the EPA’s rule goes beyond what is allowed by law.
Tribal members possess exclusive rights to hunt, fish, and gather in ceded territories beyond the reservation borders. This also includes the wild rice waters located off-reservation.
States must now incorporate the viewpoints of tribal communities when making water management decisions on ceded territories, as per the latest EPA rule.
In a recent news release, Michael Fairbanks, the chairman of the White Earth Band, emphasized the significance of honoring their treaties as living agreements, rather than just historical documents.
