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OIPA amicus curaie brief on Murphy v. Royal

September 27, 2017
The OIPA recently filed an amicus curiae brief with the U.S. Tenth Circuit Court of Appeals in regard to Murphy v. Royal, a case involving expansion of federal law on “Indian lands.”

From the brief:

“If the panel decision is correct, members of OIPA may not have submitted drilling permits, air permits, water permits and potentially other applications to the proper permitting authority.

“For example, the Oklahoma Corporation Commission has historically maintained authority over oil and gas production on state and private lands in Oklahoma. But tribal lands—including reservation land—are regulated by the Department of the Interior, raising question of whether regulatory permitting was submitted to the appropriate agency. Under EPA rules that allow tribes treatment as a state, water and air permitting may be taken from Oklahoma and issued to the various tribes that comprise vast portions of the state.

“Issues of taxation are raised as well when the practical matter exists that oil and gas production taxes, which have been paid to Oklahoma for years, may now be subject to taxation by both Oklahoma and the tribe when a well falls within the reservation territory.”
 
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