Addressing EPA's authority to require consideration of tribal treaty rights in water quality standards
On November 12, 2024, the NAM filed an amicus brief urging the District of North Dakota to vacate EPA’s final rule requiring states to consider tribal treaty-reserved rights in setting water quality standards. This is problematic because compliance with the WQSs set using tribal treaty reserved rights is unachievable.
We argued that EPA lacks authority under the Clean Water Act to require consideration of tribal treaty rights in setting WQSs
Related Documents:
NAM brief (November 12, 2024)