Law360 (August 24, 2021, 8:58 PM EDT) — Oklahoma has urged a federal judge to prevent the U.S. Department of the Interior from taking away the state’s ability to regulate coal on tribal lands, saying the government shouldn’t be allowed to leverage last year’s McGirt decision beyond criminal cases.
The state and Gov. Kevin Stitt asked the court for a preliminary injunction Monday in their suit claiming the DOI’s Office of Surface Mining Reclamation and Enforcement, or OSMRE, is threatening the Oklahoma coal industry by illegally taking away the state’s authority over coal mining on Muscogee (Creek) Nation lands.
Oklahoma said in its motion that the agency’s bid to…
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Okla. Asks To Block DOI Coal Regulation On Tribal Lands – Law360