By Valerie Volcovici

WASHINGTON, (Reuters) – The U.S. Environmental Protection Agency said Wednesday that it will withdraw from a Trump Administration decision to give Oklahoma jurisdiction over tribal land environmental matters after consultation with 38 tribes.

According to the agency, it would reverse a December 2020 decision of Andrew Wheeler, then-EPA Administrator. This was after Wheeler approved a request by Kevin Stitt (Republican Oklahoma Governor) to permit state regulation over environmental issues on historical tribal reservation land.

Stitt’s applied for the power in July 2020, after the Supreme Court had ruled 5-4 that much of Oklahoma’s east would be Muscogee (Creek) Nation Reservation land. McGirt, v. Oklahoma focused on the question of criminal jurisdiction.

“Our sovereign Tribal partners continue to have significant concerns with EPA’s previous decision and the consultation process used in reaching that decision,” said Assistant Administrator for International and Tribal Affairs Jane Nishida. “Today’s action reflects careful consideration of their concerns and our commitment to ensuring robust consultation on all policy deliberations affecting Tribal nations.”

In April, the Biden administration started informal discussions with Oklahoma tribal leaders to determine if they should be allowed more control over environmental regulations in Oklahoma’s eastern half. It began formal government-to-government tribal consultations in June.

Tribes complained that they hadn’t been consulted prior to the Trump administration making its decision.

According to sources from Oklahoma’s Republican government, Reuters reported in April that the state was worried about losing control of a substantial tax base as well as regulation of industry and natural resource extraction if tribal jurisdiction is maintained.

Oklahoma produces most of its oil and natural gas in the west, with some exceptions in the east.

The EPA can accept comments about its withdrawal proposal through January 31, 2022.