Transcript 06_LordEnforcement.pptx

Developing and Implementing Solid Waste Codes
ITEP - TSWEAP
Wyndham San Diego Bayside, San Diego, CA
February 24-26, 2015
Gussie A. Lord
Jill Grant & Associates, LLC
1319 F Street, NW, Suite 300
Washington, DC 20004
Ph. 202-821-1950
Email: [email protected]
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Sources of Tribal Enforcement
Authority
 Federal Indian Law Principles
 Inherent Sovereign Authority
 Right to Exclude
 Treaties
 Tribal Constitution
 Tribal Authorizing Statutes/Ordinances and
Regulations
Inherent Sovereign Authority
 A tribe has inherent authority “to protect tribal self-
government or to control internal relations,” Montana,
450 U.S. at 564
 Full authority over Indians
 Limited civil authority over non-Indians, per the two
Montana exceptions
 No criminal jurisdiction over non-Indians
 Right to Exclude
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Tribal Constitution
PUEBLO OF LAGUNA CONSTITUTION
Article I. – Jurisdiction
Sec. 2. All members of the Pueblo . . . And all other
persons permitted to reside on the . . . Pueblo, and all
persons who enter upon the lands of the Pueblo, shall be
governed by this Constitution, ordinances, customs,
traditions and applicable laws.
Article IV. – The Pueblo Council and Its Powers
Sec. 2(e) To establish and enforce ordinances governing
the conduct . . . of residents of the Pueblo.
(k) To promote and protect the pubic health and welfare
of the members and other residents of the Pueblo.
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Tribal Constitution – Right to
Exclude
PUEBLO OF LAGUNA CONSTITUTION
Article I. – Jurisdiction
Sec. 3. Any non-member who violates the Pueblo
Constitution, ordinances, customs, traditions, and
applicable laws protecting the lands or people of the
Pueblo may be excluded from Pueblo lands in
accordance with ordinances of the Pueblo, which shall
provide for due process.
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Tribal Environmental Laws
Navajo Nation Solid Waste Act
Sec. 152.
General Enforcement Authority
A. In General. Whenever, on the basis of any information available to the Director, the
Director finds that any person has violated, or is in violation of, any requirement or
prohibition of this Chapter, the regulations promulgated under this Chapter, or permits,
orders, plans, variances, or fees issued or approved pursuant to this Chapter, the Director
may:
1. Issue and serve on such person an order requiring the person to comply with each
requirement or prohibition, pursuant to the provisions of this Section;
2. Issue and serve on such person an administrative penalty order in accordance with Sec.
154 of this Chapter;
3. Bring a civil action in accordance with Sec. 153(A) of this Chapter; and/or
4. Bring a criminal action in accordance with Sec. 153(B) of this Chapter.
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Other Enforcement Actions
 Seizure/Forfeiture of Property
 Exclusion from Reservation
 Prohibit Continued Operation of Facility
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Types of Administrative Orders
 Injunctive Relief
 Penalty
 Can be combined with injunctive relief
 Can be monetary or, e.g., for community service
 Emergency
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Enforcement Process
 Pre-Enforcement Stage
 Discovering Violation
 Identifying Violator
 Issuing Notice of Violation
 Enforcement
 Field Citation (expedited compliance order)
 Compliance Order
 Lawsuit
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Discovering Violations
 Entry/Access to property to inspect
 Scheduled inspections/drive-arounds
 Requesting notice from other tribal
agencies/officers
 Safety issues
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Fair, Consistent Enforcement
 No exemptions, e.g. for tribal businesses
 Hearings
 Separate from Environmental Office or Council
 Opportunity for Judicial Review
 Standardized Process
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Preventive Measures
 Public Education
 General public (community meetings, events)
 Other Tribal departments and personnel
 Options for Disposal
 Trash pick-up
 Transfer stations
 Recycling
 Composting
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