Closing the Circle

Closing the Circle PDF

Author: James M. Grijalva

Publisher:

Published: 2008

Total Pages: 244

ISBN-13:

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This book analyzes how an anomalous confluence of federal environmental, administrative and Indian law exacerbates environmental injustice in Indian country, but also offers its most promising solution. The modern environmental law paradigm of federal-state partnerships falters in Indian country where state regulatory jurisdiction is constrained by federal Indian law. A resulting void of effective environmental regulation threatens the cultural survival of American Indian tribes, who face air and water contamination from a legacy of federally encouraged natural resource development. A potential solution for closing the circle of national environmental protection accords sovereign tribal governments a state-like status. The book examines comprehensively the tribal treatment-as-a-state approach first developed by the U.S. Environmental Protection Agency (EPA) and later codified by Congress in amendments to most of the major environmental laws, as well as federal cases brought by states and non-Indians challenging the EPA's and tribes' authority to make binding value judgments about Indian country environmental protection.

Tribes, Land, and the Environment

Tribes, Land, and the Environment PDF

Author: Professor Ezra Rosser

Publisher: Ashgate Publishing, Ltd.

Published: 2013-02-28

Total Pages: 346

ISBN-13: 140949800X

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Legal and environmental concerns related to Indian law and tribal lands remain an understudied branch of both indigenous law and environmental law. Native American tribes have a far more complex relationship with the environment than is captured by the stereotype of Indians as environmental stewards. Meaningful tribal sovereignty requires that non-Indians recognize the right of Indians to determine their own relationship to the land and the environment. But tribes do not exist in a vacuum: in fact they are deeply affected by off-reservation activities and, similarly, tribal choices often have effects on nearby communities. This book brings together diverse essays by leading Indian law scholars across the disciplines of indigenous and environmental law. The chapters reveal the difficulties encountered by Native American tribes in attempts to establish their own environmental standards within federal Indian law and environmental law structures. Gleaning new insights from a focus on tribal land and property law, the collection studies the practice of tribal sovereignty as experienced by Indians and non-Indians, with an emphasis on the development and regulatory challenges these tribes face in the wake of climate change. This volume will advance the reader's knowledge and understanding of these challenging issues.

Environmental Justice in India

Environmental Justice in India PDF

Author: Gitanjali Nain Gill

Publisher: Taylor & Francis

Published: 2016-11-10

Total Pages: 238

ISBN-13: 1317415612

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Modern environmental regulation and its complex intersection with international law has led many jurisdictions to develop environmental courts or tribunals. Strikingly, the list of jurisdictions that have chosen to do this include numerous developing countries, including Bangladesh, Kenya and Malawi. Indeed, it seems that developing nations have taken the task of capacity-building in environmental law more seriously than many developed nations. Environmental Justice in India explores the genesis, operation and effectiveness of the Indian National Green Tribunal (NGT). The book has four key objectives. First, to examine the importance of access to justice in environmental matters promoting sustainability and good governance Second, to provide an analytical and critical account of the judicial structures that offer access to environmental justice in India. Third, to analyse the establishment, working practice and effectiveness of the NGT in advancing a distinctively Indian green jurisprudence. Finally, to present and review the success and external challenges faced and overcome by the NGT resulting in growing usage and public respect for the NGT’s commitment to environmental protection and the welfare of the most affected people. Providing an informative analysis of a growing judicial development in India, this book will be of great interest to students and scholars of environmental justice, environmental law, development studies and sustainable development.

The Invasion of Indian Country in the Twentieth Century

The Invasion of Indian Country in the Twentieth Century PDF

Author: Donald Fixico

Publisher: University Press of Colorado

Published: 2011-11-15

Total Pages: 278

ISBN-13: 1607321491

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The Invasion of Indian Country in the Twentieth Century, Second Edition is updated through the first decade of the twenty-first century and contains a new chapter challenging Americans--Indian and non-Indian--to begin healing the earth. This analysis of the struggle to protect not only natural resources but also a way of life serves as an indispensable tool for students or anyone interested in Native American history and current government policy with regard to Indian lands or the environment.

A Third Way

A Third Way PDF

Author: Hillary M. Hoffmann

Publisher: Cambridge University Press

Published: 2020-07-23

Total Pages: 179

ISBN-13: 110862457X

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In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.

Climate Change Impacts on Ocean and Coastal Law

Climate Change Impacts on Ocean and Coastal Law PDF

Author: Randall S. Abate

Publisher: Oxford University Press

Published: 2015-01-28

Total Pages: 699

ISBN-13: 0190297603

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Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that have profound implications for ocean and coastal regulation and marine resources. Climate Change Impacts on Ocean and Coastal Law effectively unites these two worlds. It raises important questions about whether and how ocean and coastal law will respond to the regulatory challenges that climate change presents to resources in the oceans and coasts of the U.S. and the world. This comprehensive work assembles the insights of global experts from academia and major NGOs (e.g., Center for International Environmental Law, Ocean Conservancy, and Environmental Law Institute) to address regulatory challenges from the perspectives of U.S. law, foreign domestic law, and international law.

Messages from Frank's Landing

Messages from Frank's Landing PDF

Author: Charles Wilkinson

Publisher: University of Washington Press

Published: 2006-01-13

Total Pages: 130

ISBN-13: 9780295985930

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"Billy Frank, Jr., has been celebrated as a visionary, but if we go deeper and truer, we learn that he is best understood as a plainspoken bearer of traditions, a messenger, passing along messages from his father, from his grandfather, from those further back, from all Indian people, really. They are messages about the natural world, about societies past, about this society, and about societies to come. When examined rigorously - not out of any romanticism but only out of our own enlightened self-interest - these messages can be of great practical use to us in this and future years." - Charles Wilkinson, from the Introduction In 1974 Federal Judge George H. Boldt issued one of the most sweeping rulings in the history of the Pacific Northwest, affirming the treaty rights of Northwest tribal fishermen and allocating to them 50 percent of the harvestable catch of salmon and steelhead. Among the Indians testifying in Judge Boldt's courtroom were Nisqually tribal leader Billy Frank, Jr., and his 95-year-old father, whose six acres along the Nisqually River, known as Frank's Landing, had been targeted for years by state game wardens in the so-called Fish Wars. By the 1960s the Landing had become a focal point for the assertion of tribal treaty rights in the Northwest. It also lay at the moral center of the tribal sovereignty movement nationally. The confrontations at the Landing hit the news and caught the conscience of many. Like the schoolhouse steps at Little Rock, or the bridge at Selma, Frank's Landing came to signify a threshold for change, and Billy Frank, Jr., became a leading architect of consensus, a role he continues today as one of the most colorful and accomplished figures in the modern history of the Pacific Northwest. In Messages from Frank's Landing, Charles Wilkinson explores the broad historical, legal, and social context of Indian fishing rights in the Pacific Northwest, providing a dramatic account of the people and issues involved. He draws on his own decades of experience as a lawyer working with Indian people, and focuses throughout on Billy Frank and the river flowing past Frank's Landing. In all aspects of Frank's life as an activist, from legal settlements negotiated over salmon habitats destroyed by hydroelectric plants, to successful negotiations with the U.S. Army for environmental protection of tribal lands, Wilkinson points up the significance of the traditional Indian world view - the powerful and direct legacy of Frank's father, conveyed through generations of Indian people who have crafted a practical working philosophy and a way of life. Drawing on many hours spent talking and laughing with Billy Frank while canoeing the Nisqually watershed, Wilkinson conveys words of respect and responsibility for the earth we inhabit and for the diverse communities the world encompasses. These are the messages from Frank's Landing. Wilkinson brings welcome clarity to complex legal issues, deepening our insight into a turbulent period in the political and environmental history of the Northwest. "The Boldt decision profoundly changed natural resource management in the Pacific Northwest. This book clearly builds an historical base to help guide us today. The wisdom and patience of Billy Frank fill virtually every page. It is required reading for anyone interested in salmon preservation." - Governor Daniel J. Evans "Charles Wilkinson evokes the character and culture of the Nisqually people as well as their deep love for their land. From Chief Leschi to Billy Frank, we see the long thread of cultural continuity, culminating in modern times with this fight for justice." - Ada Deer (Menominee), University of Wisconsin-Madison Charles Wilkinsonis Moses Lasky Professor of Law at the University of Colorado, Boulder. He is the author ofFire on the Plateau: Conflict and Endurance in the American Southwestand numerous other books, including standard texts on Indian and Federal public land law.