Bill to Regulate Indian Landfills Gains Support

A controversial bill by Assemblyman Steve Peace (D-La Mesa) requiring state regulation of landfills and toxic dumps proposed for sovereign Indian reservations cleared another legislative hurdle Monday.

The Assembly’s Natural Resources Committee approved the measure, which has drawn sharp opposition from representatives and attorneys for Indian tribes in San Diego County and elsewhere in the state.

Inspired by plans to build two landfills and a toxic waste incinerator on reservations in the county, Peace said the measure is necessary to make sure that out-of-state waste companies do not use the Indians and their sovereignty as an excuse for building substandard dumps on remote Native American lands.

Opponents of the measure say it is unconstitutional and will be overturned by federal courts that have long held that Indian sovereignty exempts reservations from most local and state laws.

They also say that while tribal members will regulate the facilities proposed for the Campo, Los Coyotes and La Posta reservations, the landfills and toxic incinerator will meet or exceed state requirements.

Peace’s measure now goes to the Assembly’s Ways and Means Committee before it is forwarded to the full Assembly for consideration.