developing tribal waste laws institute for tribal environmental professional (itep) may 6-8, 2014...
TRANSCRIPT
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
Identifying Waste Law Issues & Objectives
GROUP ACTIVITY
Brainstorm and Write Down Waste Law Issues and Objectives
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
Methods for Identifying Issues and Objectives E.g. Door to Door Surveys
Identifying Waste Law Issues & Objectives
GROUP ACTIVITY
Brainstorm and Write Down Options for Identifying Waste Law Issues and Objectives
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
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
Enforcing Tribal Waste Laws
GROUP ACTIVITY
Brainstorm and Write Down OTHER OPTIONS for addressing waste issues that do not involve enforcement of Tribal Waste Laws
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
Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources
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
Consider Enforcement Options for Tribal Waste Laws E.g. Penalties & Remedies
Enforcing Tribal Waste Laws
GROUP ACTIVITY
Brainstorm and Write Down Options for Enforcing Tribal Waste Laws
Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources
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
Consider Enforcement Options for Tribal Waste Laws E.g. Penalties & Remedies
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
Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources
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
Consider Enforcement Options for Tribal Waste Laws E.g. Penalties & Remedies
Consider Available and Needed Resources for Implementation and Enforcement of 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
Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources
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
Consider Enforcement Options for Tribal Waste Laws E.g. Penalties & Remedies
Consider Available and Needed Resources for Implementation and Enforcement of 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
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)
Conducting Research for Tribal Waste Laws
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
Conducting Research for Tribal Waste Laws
GROUP ACTIVITY – Tribal Waste Law Draft!!!
Select Issues/Objectives to Research, Review, and Cut/Paste into a Master Tribal Waste Law
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)
Conducting Research for Tribal Waste Laws
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
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)
Conducting Research for Tribal Waste Laws
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
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
Drafting Your Tribal Waste Law
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