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Developing Tribal Waste Laws

Developing Tribal Waste Laws. Institute for Tribal Environmental Professional (ITEP) May 6-8, 2014 Workshop. Presented By: Josh Simmons Consultant / Attorney. Tribal Waste Law Development Steps. Identify Waste Issues and Objectives Consider Tribal Resources

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Developing Tribal Waste Laws

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  1. Developing Tribal Waste Laws Institute for Tribal Environmental Professional (ITEP) May 6-8, 2014 Workshop Presented By: Josh Simmons Consultant / Attorney

  2. Tribal Waste Law Development Steps • Identify Waste Issues and Objectives • Consider Tribal Resources • Including Enforcement Capabilities • Review Tribal Constitution and other governing documents • Research and Review Similar Laws • Including your own tribe’s laws • Draft or Revise Tribal Waste Law • Public Presentation & Review • Legal Review • Enact Tribal Waste Law

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

  4. Identifying Waste Law Issues & Objectives GROUP ACTIVITY • Brainstorm and Write Down Waste Law Issues and Objectives

  5. 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. • As they relate to waste laws and management • E.g. Workforce Development • Methods for Identifying Issues and Objectives • E.g. Door to Door Surveys

  6. Identifying Waste Law Issues & Objectives GROUP ACTIVITY • Brainstorm and Write Down Options for Identifying Waste Law Issues and Objectives

  7. 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. • 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

  8. Enforcing Tribal Waste Laws • Consider Other Options for Addressing Waste Issues and Objectives • Instead of Enforcement of Tribal Waste Laws • This can include other legal and non-legal means • E.g. Waste Management Community Education

  9. 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

  10. Enforcing Tribal Waste Laws • Consider Other Options for Addressing Waste Issues and Objectives • Instead of Enforcement of Tribal Waste Laws • This can include other legal and non-legal means • E.g. Waste Management Community Education

  11. Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources • Consider Other Options for Addressing Waste Issues and Objectives • Instead of Enforcement of Tribal Waste Laws • 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

  12. Enforcing Tribal Waste Laws GROUP ACTIVITY • Brainstorm and Write Down Options for Enforcing Tribal Waste Laws

  13. Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources • Consider Other Options for Addressing Waste Issues and Objectives • Instead of Enforcement of Tribal Waste Laws • 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

  14. Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources GROUP ACTIVITY • Brainstorm and Write Down possible Available and Needed Resources for Implementing and Enforcing Tribal Waste Laws

  15. Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources • Consider Other Options for Addressing Waste Issues and Objectives • Instead of Enforcement of Tribal Waste Laws • 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

  16. Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources GROUP ACTIVITY • Brainstorm and Write Down options for identifying Available and Needed Resources for Implementing and Enforcing Tribal Waste Laws

  17. Enforcing & Implementing Tribal Waste LawsAvailable & Needed Resources • Consider Other Options for Addressing Waste Issues and Objectives • Instead of Enforcement of Tribal Waste Laws • 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 • Optional: Solicit Public Feedback on Enforcement Options and Available/Needed Resources

  18. 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 Document • Maintain a Research Log for Initial Research (see worksheet) • Review Relevant Laws and Templates in Detail (see worksheet)

  19. 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 Law • Cut 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

  20. 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 Document • Maintain a Research Log for Initial Research (see worksheet)

  21. 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

  22. 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

  23. 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 Document • Maintain a Research Log for Initial Research (see worksheet)

  24. 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

  25. 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 Document • Maintain a Research Log for Initial Research (see worksheet) • Review Relevant Laws and Templates in Detail (see worksheet)

  26. 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

  27. 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 Law • Cut 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

  28. 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

  29. Thank You! Josh Simmons Consultant / Attorney (805) 617-5685 jsimmons20@gmail.com

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