40 C.F.R. § 300.610

Indian tribes

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The tribal chairmen (or heads of the governing bodies) of Indian tribes, as defined in § 300.5, or a person designated by the tribal officials, shall act on behalf of the Indian tribes as trustees for the natural resources, including their supporting ecosystems, belonging to, managed by, controlled by, or appertaining to such Indian tribe, or held in trust for the benefit of such Indian tribe, or belonging to a member of such Indian tribe, if such resources are subject to a trust restriction on alienation. When the tribal chairman or head of the tribal governing body designates another person as trustee, the tribal chairman or head of the tribal governing body shall notify the President of such designation. Such officials are authorized to act when there is injury to, destruction of, loss of, or threat to natural resources, including their supporting ecosystems as a result of a release of a hazardous substance.

Notes of Decisions

Cited in 1 case, 2015–2015 · leading case: Century Indem. Co. v. Marine Grp., LLC, 131 F. Supp. 3d 1018 (D. Or. 2015).

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Century Indem. Co. v. Marine Grp., LLC, 131 F. Supp. 3d 1018 (D. Or. 2015). “§ 9607 (f)(2); 40 C.F.R. § 300.610 . Therefore, unless a local government has been designated by a state as a trustee, local governments are not authorized to pursue actions for natural resource damage under CERCLA.”

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