Tribes v. states: zoning Indian reservations

Article Abstract:

Indian authority to zone reservation land not owned by tribal members was narrowed by the Supreme Court in Brendale v Confederated Tribes & Bands of Yakima Indian Nation. Justice White's plurality opinion fails to recognize that Indian sovereignty and territorial integrity depend on the zoning power. Justices Stevens and O'Connor base their decisions on tribal exclusionary power under the Allotment Act. Only Justice Blackmun recognizes that zoning is a crucial tribal power that can only be taken away by Congress. This gives zoning control to those who benefit from reservation land use.

Cases, Land use, Case Note

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Oil and water in the Indian country

Article Abstract:

Tribal governments should exercise environmental authority to prevent oilfield contamination of their lands and water. Tribes cannot depend on the industry or the federal government for environmental protection. Some tribes have begun to develop and enforce water quality standards, and this effort should be extended further to protect tribal resources.

Planning, Petroleum industry, Environmental aspects, Political aspects, Environmental protection

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The Blaze construction case: an analysis of the Blaze Construction tax cases and the implications on avoidance of taxation in Indian Country

Article Abstract:

The author analyzes possible consequences of the Blaze Construction tax case, which ultimately required non-Indian federal contractors working on Indian land to pay state taxes.

United States, Taxation

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