Environmental regulation in Oklahoma: A patchwork green

Abstract

Environmental regulation in Oklahoma can be down right confusing. On its own terms, environmental regulation is complicated -often involving intricate technical, scientific, economic, political, and legal issues. These complexities are compounded in Oklahoma by the current system of governmental regulation. At least ten state agencies in Oklahoma have jurisdictional authority over environmental matters (OS 27 A, § 2-1-102(14)). While some have broad regulatory jurisdiction, others have a finely focused environmental jurisdiction. Certainly, each has its own slice of the environmental pie. Adding to the complexity is the web of statutes, regulations, standards, and requirements that governs activities in Oklahoma to protect the environment. For the most part, each state environmental agency has its own governing statute under which it promulgates regulations and procedures. Many employ separate and distinct permitting, licensing, and certification processes. Each has a distinct enforcement authority and philosophy. If the agencies and commissions of the federal government such as the U.S. Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Energy, and the U.S. Nuclear Regulatory Commission are thrown in, getting your arms around environmental regulation gets even tougher. Include tribal governments, counties and municipalities, and one's eyes may roll to the back of the head. Like Oklahoma itself, the current environmental regulatory scheme in Oklahoma is a patchwork. The purpose of this article is to briefly sketch this patchwork for the reader by discussing the various state agencies exercising environmental regulatory authority in the State of Oklahoma, their respective jurisdictions, and the processes of rulemaking, permitting, and enforcement that play such an integral role in the work they each perform.