By Joseph P. Mazurek, Julie Wrend, Clay Smith, Conference of Western Attorneys General
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Additional info for American Indian Law Deskbook
1 (1831). "6 Chief Justice Marshall then stated: Though the Indians are acknowledged to have an unquestionable, and, heretofore, unquestioned right to the lands they occupy, until that right shall be extinguished by a voluntary cession to our government; yet it may well be doubted whether those tribes which reside within the acknowledged boundaries of the United States can, with strict accuracy, be denominated foreign nations. They may, more correctly, perhaps, be denominated domestic dependent nations.
Environmental regulation within Indian country has become entangled with jurisdictional questions as a result of congressional efforts to involve tribes in the regulatory process. The basic nature of those questions was visible at the time the first edition's publication, but subsequent developments have crystallized, if not yet answered, them. The revised Chapter 10 both updates legal developments in this critical area and attempts to provide a better framework for understanding these developments across a broad range of statutory schemes with similar, yet not identical, approaches to accommodating the interests of states and tribes in the regulation of shared resources.
Supp. 608 (D. Ariz. 1993) (tribe subject to suit under Resource Conservation and Recovery Act); and United States v. Brown, 824 F. Supp. D. Ohio 1983) (holding summons provision of Internal Revenue Code applicable to tribal member), with Reich v. 3d 490, 49396 (7th Cir. 1993) (implying exemption for tribal game wardens from overtime compensation requirements under Fair Labor Standards Act); and EEOC v. Fond du Lac Heavy Equip. & Constr. 2d 246 (8th Cir. C. Davis L. Rev. 85, 139 (1991) (criticizing presumptive applicability arising under Tuscarora and Coeur d'Alene Tribal Farm approaches and suggesting a test that "would infer congressional intent to apply general federal laws from the existence of an overriding national interest in applying the law to reservation Indians'').