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Comment, The Developing Test For State Regulatory Jurisdiction In Indian Country: Application In The Context Of Environmental Law, Stephen Feldman

Stephen M. Feldman

The extent of state jurisdiction over Indians and Indians lands has created conflicts between the federal, state, and tribal governments since the nation's inception. Congressional responses to this inveterate problem have fluctuated significantly. At times, Congress has favored the assimilation of Indians into the majority society and the destruction of tribal identities, with consequent increases in state jurisdiction. At other times, Congress has favored separatism for Indians and the preservation of tribal cultures and governments. In 1832, the Supreme Court, in the case of Worcester v. Georgia, held that state laws had no effect within Indian reservations. Since Worcester, the …