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Crandon, Wisconsin - In an April 28 decision, the U.S. District Court dismissed a lawsuit by the State of Wisconsin against the U.S. Environmental Protection Agency (EPA) and the Mole Lake (Sokaogon) Chippewa. The suit was an attempt to deny EPA's authority to grant "Treatment as State" (TAS) status to Mole Lake Reservation. The EPA originally granted TAS status to Mole Lake in 1995, to support Mole Lake's sovereign authority to set its own water quality standards under the federal Clean Water Act. The decision reaffirming the TAS status has far-reaching implications not just for the Mole Lake Chippewa, but for the controversial proposed Crandon mine, and potentially for other Native American reservations around the country.

The State of Wisconsin disputed Mole Lake's authority, claiming that all navigable waters within Wisconsin could only be regulated by the state. Yet the EPA, under the federal Clean Water Act, allows for Indian tribes to be treated as states to regulate and manage their own resources. State Attorney General James E. Doyle challenged the federal law by suing both the EPA and Mole Lake. A citizens' petition recently asked Doyle to drop the suit; it was signed by 26 Wisconsin environmental groups, by two neighboring townships, and by 454 individuals from 121 communities around the state. The letter is posted at the following URL: http://www.alphacdc.com/treaty/water.html

The District Court resoundingly rejected the state's logic and dismissed the suit. Part of the state's underlying argument had been that tribal governments in general have neither the technical capacity nor the commitment to environmental protection, and so the EPA should not treat them like states. Yet the federal court decision praised Mole Lake's technical effort in setting its water quality standards, and stated that the tribe has stronger environmental protection regulations than those contained in Wisconsin's environmental statutes.

Roger McGeshick, Jr., Chairman of the Mole Lake Sokaogon Chippewa Community, said, "I believe this decision is going to benefit our community and the tribes throughout the U.S.. In the past, history has proven the tribes have been taken advantage of and the outcome of this lawsuit has given our people more strength. Our Water Quality Standards will never be negotiated!"

Tina L. Van Zile, a Mole Lake Sokaogon Chippewa Tribal Council member, stated, "Within 90 days from when EPA approved our water standards, the state filed the lawsuit. We've been in court for three years; the decision has brought some relief, although we know this is not going to be the end. In the future, we'll be strengthening our water quality standards even more."

Mole Lake immediately wrote Attorney General James Doyle and asked him to not appeal the decision made by U.S. District Court Judge Charles N. Clevert. Glenn Stoddard, Attorney for the Sokaogon Chippewa, said, "This is a very good decision for the Sokaogon Chippewa and for the environment in the area that would be affected by the proposed Crandon mine. We have encouraged Attorney General Doyle to not appeal the decision and to respect the tribe's strong and legitimate interest in protecting its very important natural resources, including its historic rice beds. We hope Attorney General Doyle will make the right decision and begin to work with the tribe rather than against the tribe. But this issue goes beyond even the State vs. the Sokaogon Chippewa because it is directly related to the proposed mine and its effect on the Wolf River and Wisconsin's environment."

Zoltan Grossman of the Midwest Treaty Network said, "Tribal environmental powers based on federally backed Native sovereignty can help protect the environment for Indians and non-Indians alike. Many residents of northeastern Wisconsin are trusting Native sovereignty to protect their environmental and economic interests more than the sovereignty of a pro-mining state government."

Grossman added, "As in the recent U.S. Supreme Court decision in the Mille Lacs treaty rights case in Minnesota, the District Court decision in the Mole Lake case significantly undercut the 'equal footing doctrine' that states have tried to use to prioritized States' Rights over federally backed tribal sovereignty. The courts are clearly affirming the nation-to-nation relationship that is the bedrock of U.S. Indian policy."

Tim Tynan of the Mining Impact Coalition in Madison said, "Wisconsin's current water quality and enforcement standards are insufficient and will not adequately protect the reservation's ancient wild rice beds from the threats of metallic sulfide mining upstream. Rice Lake, an enormous wild rice bed situated within their reservation boundaries, lies a few thousand feet downstream from the proposed Crandon mine."

Although the Crandon mine is not directly mentioned in the legal decision, the proposed mine must now comply with Mole Lake's regulatory authority.

"We are also pleased with this decision," said Dave Blouin, Sierra Club spokesman, "The Sierra Club supports Mole Lake's right and authority to protect its people and resources from unsafe metallic sulfide mining. We ask Wisconsin citizens to call on Attorney General Doyle not to appeal the decision and to stop wasting taxpayers' dollars on frivolous lawsuits on behalf of mining companies such as Rio Algom."

The case is: State of Wisconsin v. United States Environmental Protection Agency and Carol Browner and Sokaogon Chippewa Community, the United States District Court, Eastern District Court of Wisconsin; Case No. 96-C-90. It may soon be posted on the United States Law Week site. URL: http://lw.bna.com/lw