In a letter from EPA Administrator Lee Zeldin, Oklahoma leaders are being told they do have environmental regulatory power over all Indian territory in the state with the exception of Osage County.
Zeldin informed Gov. Kevin Stitt in mid-May after the Cheyenne-Arapaho tribe created its own environmental division and notified oil and gas operators of their intent to regulate them.
“This letter and the attached appendices constitute the United States Environmental Protection Agency’s final decision, after reconsideration, approving the State of Oklahoma’s July 22, 2020, request to administer the State’s EPA-approved environmental regulatory programs in certain areas ofIndian country under Section 10211(a) ofthe Safe, Accountable, Flexible, Efficient Transportation Equity Act of 2005,” wrote Zeldin.
He said the recent EPA decision overturned a January 13, 2025 decision made by EPA’s then-Acting Administrator Jane Nishida at the end of the Biden administration. She had withdrawn a 2020 decision and replaced it with one that required the state to coordinate with affected IndianTribes and seek their views as Oklahoma administered its EPA-approved regulatory programs within and around the affected Tribes’ areas of Indian Country.
“That condition exceeded EPA’s authority under the clear and mandatory terms of SAFETEA and EPA has no discretion but to withdraw it,” further wrote Zeldin who added, “With today’s final decision, it is EPA’s intent to steady the shifting landscape of EPA’s SAFETEA decision making and provide certainty to the State, Tribes, regulated community, and people of Oklahoma by providing a clear and final framework for environmental regulation under the federal statutes administered by EPA.”
Corporation Commissioners responded last month to the Cheyenne-Arapaho legislature’s approval of the creation of its own environmental regulatory agency and the letter sent to oil and gas operators within the tribe’s boundaries.
“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,” said Corporation Commission Chairman Kim David in a statement at the time.