The consequences of McGirt v. Oklahoma, the 5-4 decision in which the Native Americans won jurisdiction over eastern Oklahoma, are just beginning to become clear:
Instead of dealing with business-friendly regulators from the state of Oklahoma, oil producers may soon have to contend with both tribes and the federal government, which often manages land for Native Americans.
“The reality is that there’s something potentially that could be very detrimental to the oil and gas industry,” said Dewey Bartlett, a former Tulsa mayor who runs Keener Oil & Gas Company, a five-person oil and gas production and exploration firm with most of its wells now in Indian country. …
In a teleconference organized by the Petroleum Alliance of Oklahoma trade group soon after the July 9 decision, Oklahoma Attorney General Mike Hunter (R) sought to reassure oil producers that their business wouldn’t be upended and the state would keep their interests in mind. …
On Thursday, Hunter and the five tribes came to an agreement for a legislative proposal to Congress that would give the Native American groups the right to collect taxes and grant them some authority over anything deemed to threaten the “welfare” of a tribe — a potential, though not certain, opening for environmental regulations.
The Petroleum Alliance of Oklahoma said it needed to study the agreement more before commenting. [WaPo]
It sounds like the Native American tribes are getting off on the right foot. It’s their luck that the oil industry is in turmoil, even with the termination of the Russian / Saudi Arabian oil price war, due to a great slackening in demand for their product.
This may seem contrary, but I say it because, even at this great distance and with no personal connections to the Native American community, I perceive that their priorities are not that of the general American business community. The latter are all about the dollar; Native Americans, from coast to coast, reiterate their concerns for the health of the land. And the oil industry can be tough on the land. I look forward to how this story turns out.
And it just occurred to me to wonder how this decision will affect the physical health of the tribes involved. That psychic damage has been done by their oppression by the European invaders is undeniable. Will this victory in court, with consequent changes in their physical fortunes, help with the health of the Native American communities involved? I hope so.
Let the oil industry suffer a bit. It almost tastes like … the start of justice.