Developing Tribal Waste CodesPRESENTED BY:

Josh SimmonsPrincipal Consultant / Attorneywww.ProsperSustainably.com

February 24-26, 2015

Tribal Env Law Development Steps

Identify Environmental Issues and ObjectivesIdentify and Consider Enforcement Options and Capabilities

Consider Available and Needed Tribal ResourcesReview Tribal Constitution and other governing documents

Research and Review Similar LawsDraft or Revise Tribal Waste LawPublic Presentation & ReviewLegal ReviewEnact Tribal Waste Law

Tribal Env Law Development Steps

Identify Environmental Issues and Objectives

Identifying Issues & Objectives

Specific or General Area Specific Issues and Objectives

oE.g. Open Burning, Roadside Illegal Dumping General Issues and Objectives

oThese can be cultural, social, economic, etc.As they relate to environmental laws and

managementoE.g. Workforce Development

Identifying Issues & Objectives

Specific or GeneralCurrent & Potential Env. IssuesCommunity Objectives for ResourcesMethods for Identifying Issues & Obj:

Review Documents (e.g. ISWMP) Community Surveys / Workshops Discuss w/ Leaders, Staff, Supervisors, Partners,

Stakeholders, etc.

Track Sources and List FindingsFirst opportunity to engage tribal community – USE IT WELL

Identifying Environmental Law Issues & Objectives

GROUP ACTIVITY

Discuss and create list of:Env Law Issues and ObjectivesOptions for Identifying Env Law Issues and Objectives

Share with classMy approach

Tribal Env Law Development Steps

Identify Environmental Issues and ObjectivesIdentify and Consider Enforcement Options and Capabilities

Also, identify and consider non-enforcement options and capabilities

Enforcing Tribal Env LawsConsider Enforcement Options for Tribal Waste LawsE.g. Penalties & Remedies

Consider Other Enforcement AlternativesIncluding other legal and non-legal meansoE.g. Community Education & Outreach

Enforcing Tribal Env Laws

GROUP ACTIVITY

Discuss and List:Options for Enforcing Tribal Env LawsOTHER OPTIONS for addressing env issues that do not involve enforcement of Tribal Env Laws

Share with classMy approach

Tribal Env Law Development Steps

Identify Environmental Issues and ObjectivesIdentify and Consider Enforcement Options and Capabilities

Consider Available and Needed Tribal Resources

Implementing Tribal Env LawsAvailable & Needed Resources

Consider Available and Needed Resources for Implementation and Enforcement of Tribal Waste LawsE.g. Funding, Enforcement Officers, etc.

Implementing Tribal Env LawsAvailable & Needed Resources

GROUP ACTIVITY

Discuss and List:Possible Available and Needed Resources for Implementing and Enforcing Tribal Env Laws

Options for identifying Available and Needed Resources for Implementing and Enforcing Tribal Env Laws

Share with the classMy approach (spreadsheet)

Tribal Env Law Development Steps

Identify Environmental Issues and ObjectivesIdentify and Consider Enforcement Options and Capabilities

Consider Available and Needed Tribal ResourcesReview Tribal Constitution and other governing documents

Research and Review Similar Laws Including and especially your own tribe’s laws Prepare outline of draft code (continuously revising as

needed)

Conducting ResearchTribal Environmental Laws

Review Tribal Constitution and other governing laws/documents

Articles of Organization, Treaties, Tribal-State Compacts, etc.

Review Tribal Laws – from your own tribe Look for Potential Conflicts, Model Language/Provisions/Sections, etc.

Review Similar Env Laws – from other tribes and municipalities Models/Templates, Language, Provisions, Sections Note relevance (contact other tribes/municipalities for feedback)

Tribal Env Law Development Resources DocumentMaintain a Research Log for Initial Research (see worksheet)Review Relevant Laws and Templates in Detail (see worksheet)

Conducting Research for Tribal Environmental Laws

GROUP ACTIVITY – Tribal Env Law Topics

Select 3+ Issues/Objectives to focus on for your Research and Review of model codesAt least 1 issue per tribe in each groupShare with the classMy approach

Conducting Research for Tribal Environmental Laws

GROUP ACTIVITY

Research Similar Environmental Laws for Applicable Provisions and Sections Using Online Resources and Track Findings in a Research Log (CITE YOUR SOURCES)Begin preparing draft code outline (revise as you progress)

Identify and document at least 2 model codes that address each issue sufficiently you have selected Record your findings, including the location and applicability

of the model provisions, sections, and language Document at least 4 model codes total

Feel free to evaluation other issues as they ariseShare research findings with the class

Talk about useful codes that you have found Discuss other relevant learnings and findings

Tribal Env Law Development Steps

Identify Environmental Issues and ObjectivesIdentify and Consider Enforcement Options and Capabilities

Consider Available and Needed Tribal ResourcesReview Tribal Constitution and other governing documents

Research and Review Similar LawsDraft or Revise Tribal Waste Law

Drafting Your Tribal Env Law

Review Relevant Laws and Templates in Detail Identify useful language, provisions, and sections

Cut and Paste Language, Provisions, and Sections into the Outline

The fewer models/templates you use the better Edit language as needed

Review and Revise Drafts Legal Review

Optional: Simultaneous research, review, and draft

Drafting Your Tribal Env LawsGROUP ACTIVITY

Review the Most Useful and Applicable Laws, Templates, and Models that Address your Env Issues and Objectives (CITE YOUR SOURCES)Compare the section/provision(s)/language from at least 2 different for each issue

Cut and Paste the Best Language, Provisions, and Sections from your Research Findings into the Master Tribal Env Law Document

Class Presentation – Each Group will present the model section, language, and provisions to the rest of the class, describing what they selected and why (and what they didn’t select and why).

Tribal Env Law Development Steps

Identify Environmental Issues and ObjectivesIdentify and Consider Enforcement Options and Capabilities

Consider Available and Needed Tribal ResourcesReview Tribal Constitution and other governing documents

Research and Review Similar LawsDraft or Revise Tribal Waste LawPublic Presentation & ReviewLegal ReviewEnact Tribal Waste Law

Thank You!Questions?

jsimmons@prospersustainably.com(805) 694-8089 (office) / (805) 617-

5685 (cell)