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Jurisdiction

Last updated February 16, 2010

General Rules of Indian Country Criminal Jurisdiction Apply, No State Jurisdiction

In 1973, Arizona attempted to assume jurisdiction under Public Law 280 over air and water pollution only. Ariz. Rev. Stat. §§ 36-1801, 36-1856 (1973 Supp.). Subsequently, the United States Supreme Court's decision in Bryan v. Itasca County, 426 U.S. 373 (1976) made it clear that Public Law 280 did not encompass state regulatory jurisdiction of the type that Arizona had attempted to exercise. Arizona has since repealed its laws assuming jurisdiction over air and water pollution. Ariz. Laws 1986, § 19, Subsec. B (1987) (water pollution); Ariz. Laws 2003, § 4 (2003) (air pollution).

Legislation

Ariz. Const., art. 20, ¶ 4

No current Public Law 280 or similar legislation

Case Law

State v. Zaman, 194 Ariz. 442 (1999)

State v. Lupe, 889 P.2d 4 (Ariz. Ct. App. 1994)

Tohono O’odham Nation v. Schwartz, 837 F. Supp. 1024 (D. Ariz. 1993)

Dixon v. Picopa Constr. Co., 160 Ariz. 251 (1989)

State v. Flint, 157 Ariz. 227 (1989)

Val/Del, Inc. v. Superior Court, 145 Ariz. 558, 703 P.2d 502 (Ariz. App. 1985)

United States v. Superior Court In and For Maricopa County, 144 Ariz. 265 (1985)

Arizona v. San Carlos Apache Tribe of Arizona, 463 U.S. 545 (1983)

Francisco v. State, 113 Ariz. 427 (1976)

McClanahan v. Ariz. State Tax Comm’n, 411 U.S. 164 (1973)

Williams v. Lee, 358 U.S. 217 (1959)

In re Denteclaw, 83 Ariz. 299 (1958)

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