President Obama’s Environmental Protection Agency (EPA) has earned a reputation as the most lawless agency in an administration infamous for its abuses of the Constitution and the rule of law. The EPA, for example, implemented a “cap and trade” regime that Congress rejected, brought criminal actions against citizens for “wetland” violations as it sought power over more landowners, and declared a “war on coal” that will put thousands out of work, drive up the price of electricity, and render its delivery unreliable. Now, the EPA may set a convicted killer free.
In late 2013, the EPA declared over a million acres in west-central Wyoming, including the town of Riverton (pop. 10,000), as part of the Wind River Indian Reservation — that is, “Indian country.” Purportedly, the EPA’s action is required by a Clean Air Act provision allowing tribes to obtain the authority available to states to regulate their air-quality programs; but, in doing so, the EPA subjected land — long known to be outside the reservation — to the tribal jurisdiction of the Northern Arapaho and Eastern Shoshone. The tribes had sought for years to get jurisdiction over the land, but with President Obama in office, they saw their opening with the Clean Air Act provision, which is why the tribes used 82 pages of their 87-page application to argue that Riverton and the other acreage was “Indian country.”