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In
the struggle between Maine Indians and the paper companies, Superior Court
Justice Robert Crowley made a balanced decision Wednesday. We hope,
however, that the U.S. Supreme Court will rule that Maine does not have
jurisdiction over federally recognized tribes.
For now, the Penobscot Nation and Passamaquoddy Tribe do not have to turn
over records of their communications with the state and federal
governments concerning water quality on tribal lands. The tribes are
asking the U.S. Supreme Court to review the Maine Supreme Court ruling
that was in the paper companies' favor.
During the stay, the tribes must begin assembling and indexing the
documents involved. That way the paper companies would not have to endure
further delay in acquiring the information if the highest court in the
land refuses to hear the the case or if the tribes should lose the appeal.
The tribes say they are federally recognized, autonomous, sovereign
governments and prefer to remain under the jurisdiction of the
Environmental Protection Agency. The tribes say the paper companies have
too much influence over state officials.
The state of Maine — and the paper companies — would like to see water
quality permitting changed to the state level, which would allow the state
to become the sole overseer of wastewater discharges in Maine waters.
If the tribes lose this case, a precedent would be set that could be
replicated across the country. Forty-four states have Indian territories
within their borders. Usurping jurisdiction over the rivers on their land
would be just one more affront.
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