A federal appeals court has rejected the Pawnee Nation’s challenge to Oklahoma’s administration of 26 environmental regulatory programs in covered areas of Indian country.
The U.S. Court of Appeals for the Tenth Circuit’s 2–1 decision upheld the Environmental Protection Agency’s May 2025 approval of the state’s request.
The case centered on a provision Congress included in a 2005 transportation law. It requires the EPA to approve Oklahoma’s request to administer environmental programs in Indian country when those programs meet federal requirements and have agency approval elsewhere in the state.
Oklahoma sought that approval after the U.S. Supreme Court’s 2020 McGirt decision, seeking to maintain the geographic reach of programs it had administered before that ruling.
The majority rejected the Pawnee Nation’s argument that the provision had expired. It also found that the EPA could rely on existing program approvals and could not impose additional conditions requiring state consultation with affected tribes.
Judge Richard Federico dissented, arguing that the EPA retained authority to require protections for tribal participation. He would have sent the matter back to the agency for reconsideration.
Governor Kevin Stitt praised the decision.
“Today’s ruling is a clear victory for all four million Oklahomans, the state of Oklahoma, and the rule of law,” Stitt said.
Stitt also described the decision as supporting his broader position on state authority following McGirt. The ruling specifically addressed environmental programs under the 2005 federal law.
Oklahoma’s request excluded certain lands already recognized as Indian country before McGirt, including Indian allotments and tribal trust lands. Federal environmental requirements and the EPA’s normal oversight remain in place.
