Mostyn Josty has published “Rivers of Sovereignty: The EPA’s New Water Quality Standards Rule as a Potential Channel for Revitalizing Tribal Reserved Water Rights” in the Cardozo Law Review.

Here is the abstract:

This Note explores the federal government’s evolving approach to its obligation to protect tribal reserved water rights through a case study of the Environmental Protection Agency’s (EPA) 2024 Water Quality Standards Regulatory Revisions to Protect Tribal Reserved Rights rule (the “WQS Rule”). It argues that while the WQS Rule represents a step forward in safeguarding tribal water rights, the legal challenge it faces underscores broader issues of federalism, administrative authority, and the country’s fluctuating commitment to tribal sovereignty. The Note examines the WQS Rule’s legal foundation, its potential challenges, and the implications for tribal self-determination, emphasizing the need for a more accountable and enforceable framework for tribal water protections.Additionally, this Note situates these legal developments within international human rights frameworks, suggesting that evolving global standards on Indigenous rights and water access could offer a more stable foundation for securing equitable water for reservations. Ultimately, this Note argues that regardless of the WQS Rule’s future, it is the underlying principle of the federal trust obligation and the need for lasting protections that must guide efforts to ensure Native Nations’ access to water.