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Hold On to Tribal Sovereignty: Establishing Tribal Pesticide Programs That Recognize Inherent Tribal Authority and Promote Federal-Tribal Partnerships

January 2012

Citation: 42 ELR 10057

Issue: 1

Author: Jane Kloeckner

The weak tribal/federal partnership in regulating pesticide pollution can be strengthened by building pesticide programs that recognize tribal inherent authority and enhance the opportunities for tribal members and non-members to learn about indigenous knowledge for protecting human health and the environment. A regulatory
reinterpretation or congressional amendment of FIFRA that recognizes tribal inherent authority would address the issue of treating tribes as the appropriate
authority for implementing FIFRA in Indian country and hopefully, the overwhelming federal role would decrease and the tribal role would increase.

Jane Kloeckner is Attorney/Advisor, U.S. Environmental Protection Agency, Office of Regional Counsel, Region VII, Kansas City, Kansas, and Adjunct Professor of Law, University of Missouri, Kansas City School of Law.

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