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Published on: 11/14/2001
Last Visited: 12/4/2003
According to Tim Williamson, a senior attorney for the region, the EPA is in the "middle" of its consultation with the Department of Justice on the decision.The two tribes, he acknowledged, are in a unique situation because of the Maine Indian Claims Settlement Act, which settled the tribes' land claims and granted them federal recognition.
But the act also gave the state jurisdiction in certain aspects of tribal government.Freedom of information is one of those "murky" areas, as the tribes have since found out,
As a result, the EPA is weighing a number of serious questions, said Williamson.
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"The way we have handled this matter is an effort to be as even-handed as possible withing the context of EPA's Indian policy . . . to respect tribal soveriegnty whenever possible," Williamson added yesterday.
Williamson also suggested Manahan's quest to view the tribes' documents in an effort to show EPA bias may be futile.Any documents the tribe has sent to the agency have already been made public, he said.
But when the EPA does make its decision known, there is little chance either side will accept the mandate, said Williamson.He expects even more lawsuits due to "the pressures around assertions of tribal sovereignty."