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The Nez Perce Tribe has put out a press release noting that this week’s 9th Circuit court ruling on field burning in Idaho doesn’t apply to Indian reservations. The ruling found that field burning actually has been illegal in Idaho under federal law since 1993 because of provisions approved by the EPA in Idaho’s state implementation plan for the federal Clean Air Act. Rebecca Miles, Nez Perce tribal chairman, noted, “The state implementation plan applies elsewhere in Idaho. On Indian reservations in Idaho, Oregon, and Washington, the Clean Air Act’s Federal Air Rules for Reservations (FARR) apply.” Those reservation rules weren’t at issue in the 9th Circuit case.
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