The Oklahoma Corporation Commission (OCC) has issued guidance to oil and gas operators in the state after receiving a letter issued by the Cheyenne and Arapaho Tribes asserting tribal jurisdiction over certain environmental regulations.
“Oklahoma oil and gas operators should know we are reviewing this matter closely and they should be assured the agency is moving forward with business as usual,” Corporation Commissioner Brian Bingman said.
Bingman, who previously served as Secretary of Native American Affairs, added, “We always look for ways to work collaboratively with our tribal partners when appropriate, but as it sits today the Cheyenne and Arapaho Tribes do not have the proper ’Treatment as a State’ (TAS) designation by the federal government required to claim and execute this regulatory function.”
Corporation Commission Chairman Kim David said, “It’s important that we do not allow this letter to upend the flow of business for one of our states most important industries. We are in contact with our partner agencies on how best to address this issue and the agency has its own Pollution Abatement Department to address environmental concerns.”
This is not the first time that regulatory authority has been the subject of legal questions between tribal governments and the state.
Commissioner Todd Hiett, currently the longest serving Corporation Commissioner said, “I believe further information from our tribal partners will be needed to understand what clarification they would like to see regarding regulation of the oil and gas industry. When these issues have risen in the past, tribal leaders met with the commissioners to discuss. In the meantime, we are confident that agency staff will continue appropriately regulating the industry and safeguarding public safety in accordance with OCC’s mission.”
Commissioners Hiett, David, and Bingman are statewide elected officials serving staggered six-year terms on the Oklahoma Corporation Commission. OCC is the largest state regulatory agency of the oil and gas industry in Oklahoma.
