Developing Tribal Waste Laws Institute for Tribal Environmental Professional (ITEP) May 6-8, 2014...

Developing Tribal Waste LawsInstitute for Tribal Environmental Professional (ITEP)

May 6-8, 2014 Workshop

Presented By:Josh Simmons

Consultant / Attorney

Tribal Waste Law Development StepsIdentify Waste Issues and ObjectivesConsider Tribal Resources

Including Enforcement CapabilitiesReview Tribal Constitution and other governing documentsResearch and Review Similar Laws

Including your own tribe’s lawsDraft or Revise Tribal Waste LawPublic Presentation & ReviewLegal ReviewEnact Tribal Waste Law

Identifying Waste Law Issues & Objectives

Waste Issues and Objectives E.g. Open Burning, Roadside Illegal Dumping

General Issues and Objectives These can be cultural, social, economic, etc.

o As they relate to waste laws and management E.g. Workforce Development


GROUP ACTIVITY

Brainstorm and Write Down Waste Law Issues and Objectives





Methods for Identifying Issues and Objectives E.g. Door to Door Surveys


GROUP ACTIVITY

Brainstorm and Write Down Options for Identifying Waste Law Issues and Objectives





Methods for Identifying Issues and Objectives E.g. Door to Door Surveys

Optional: Seek Informal Public Input

Enforcing Tribal Waste Laws

Consider Other Options for Addressing Waste Issues and Objectives Instead of Enforcement of Tribal Waste Laws

o This can include other legal and non-legal means E.g. Waste Management Community Education


GROUP ACTIVITY

Brainstorm and Write Down OTHER OPTIONS for addressing waste issues that do not involve enforcement of Tribal Waste Laws

Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources



Consider Enforcement Options for Tribal Waste Laws E.g. Penalties & Remedies


GROUP ACTIVITY

Brainstorm and Write Down Options for Enforcing Tribal Waste Laws





Consider Available and Needed Resources for Implementation and Enforcement of Tribal Waste Laws

Enforcing & Implementing Tribal Waste Laws

Available & Needed ResourcesGROUP ACTIVITY

Brainstorm and Write Down possible Available and Needed Resources for Implementing and Enforcing Tribal Waste Laws






Methods for Identifying Available & Needed Resources

Enforcing & Implementing Tribal Waste Laws

Available & Needed ResourcesGROUP ACTIVITY

Brainstorm and Write Down options for identifying Available and Needed Resources for Implementing and Enforcing Tribal Waste Laws






Methods for Identifying Available & Needed ResourcesOptional: Solicit Public Feedback on Enforcement Options and

Available/Needed Resources

Conducting Research for Tribal Waste 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 Waste Laws – from other tribes and municipalities Models/Templates, Language, Provisions, Sections Note relevance (contact other tribes/municipalities for feedback)

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

Drafting Your Tribal Waste Law

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

Create an Outline of Sections for your Tribal Waste LawCut 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





Tribal Waste Law Development Resources DocumentMaintain a Research Log for Initial Research (see worksheet)


EXTRA CREDIT!!!

Identify Additional Websites to Add to the Tribal Waste Law Resources Document

Each useful and unique resource you find will improve your draft position and can increase your first round picks


GROUP ACTIVITY – Tribal Waste Law Draft!!!

Select Issues/Objectives to Research, Review, and Cut/Paste into a Master Tribal Waste Law





Tribal Waste Law Development Resources DocumentMaintain a Research Log for Initial Research (see worksheet)


GROUP ACTIVITY

Research Similar Waste Laws for Applicable Provisions and Sections Using Online Resources and Track Findings in a Research Log (CITE YOUR SOURCES)

Focus on the Issues and Objectives You Selected





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


GROUP ACTIVITY

Review the Most Useful and Applicable Laws, Templates, and Models that Address your Waste Issues and Objectives (CITE YOUR SOURCES)

Use a Review Document to Track Your Findings


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

Create an Outline of Sections for your Tribal Waste LawCut 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


GROUP ACTIVITY

Cut and Paste the Best Language, Provisions, and Sections from your Research Findings into the Master Tribal Waste Law (on Google Docs)

Focus on the Issues and Objectives You Selected

Thank You!

Josh SimmonsConsultant / Attorney

(805) [email protected]

mailto:[email protected]

Developing Tribal Waste Laws Institute for Tribal Environmental Professional (ITEP) May 6-8, 2014...

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