Tribes Land And The Environment

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.

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.

From sun-baked Black Mesa to the icy coast of Labrador, native lands for decades have endured mining ventures that have only lately been subject to environmental laws and a recognition of treaty rights. Yet conflicts surrounding mining development and indigenous peoples continue to challenge policy-makers. This book gets to the heart of resource conflicts and environmental impact assessment by asking why indigenous communities support environmental causes in some cases of mining development but not in others. Saleem Ali examines environmental conflicts between mining companies and indigenous communities and with rare objectivity offers a comparative study of the factors leading to those conflicts. Mining, the Environment, and Indigenous Development Conflicts presents four cases from the United States and Canada: the Navajos and Hopis with Peabody Coal in Arizona; the Chippewas with the Crandon Mine proposal in Wisconsin; the Chipewyan Inuits, DŽnŽ and Cree with Cameco in Saskatchewan; and the Innu and Inuits with Inco in Labrador. These cases exemplify different historical relationships with government and industry and provide an instance of high and low levels of Native resistance in each country. Through these cases, Ali analyzes why and under what circumstances tribes agree to negotiated mining agreements on their lands, and why some negotiations are successful and others not. Ali challenges conventional theories of conflict based on economic or environmental cost-benefit analysis, which do not fully capture the dynamics of resistance. He proposes that the underlying issue has less to do with environmental concerns than with sovereignty, which often complicates relationships between tribes and environmental organizations. Activist groups, he observes, fail to understand such tribal concerns and often have problems working with tribes on issues where they may presume a common environmental interest. This book goes beyond popular perceptions of environmentalism to provide a detailed picture of how and when the concerns of industry, society, and tribal governments may converge and when they conflict. As demands for domestic energy exploration increase, it offers clear guidance for such endeavors when native lands are involved.

From sun-baked Black Mesa to the icy coast of Labrador, native lands for decades have endured mining ventures that have only lately been subject to environmental laws and a recognition of treaty rights. Yet conflicts surrounding mining development and indigenous peoples continue to challenge policy-makers. This book gets to the heart of resource conflicts and environmental impact assessment by asking why indigenous communities support environmental causes in some cases of mining development but not in others. Saleem Ali examines environmental conflicts between mining companies and indigenous communities and with rare objectivity offers a comparative study of the factors leading to those conflicts. Mining, the Environment, and Indigenous Development Conflicts presents four cases from the United States and Canada: the Navajos and Hopis with Peabody Coal in Arizona; the Chippewas with the Crandon Mine proposal in Wisconsin; the Chipewyan Inuits, DŽnŽ and Cree with Cameco in Saskatchewan; and the Innu and Inuits with Inco in Labrador. These cases exemplify different historical relationships with government and industry and provide an instance of high and low levels of Native resistance in each country. Through these cases, Ali analyzes why and under what circumstances tribes agree to negotiated mining agreements on their lands, and why some negotiations are successful and others not. Ali challenges conventional theories of conflict based on economic or environmental cost-benefit analysis, which do not fully capture the dynamics of resistance. He proposes that the underlying issue has less to do with environmental concerns than with sovereignty, which often complicates relationships between tribes and environmental organizations. Activist groups, he observes, fail to understand such tribal concerns and often have problems working with tribes on issues where they may presume a common environmental interest. This book goes beyond popular perceptions of environmentalism to provide a detailed picture of how and when the concerns of industry, society, and tribal governments may converge and when they conflict. As demands for domestic energy exploration increase, it offers clear guidance for such endeavors when native lands are involved.

"With connections to traditional homelands being at the heart of Native identity, environmental justice is of heightened importance to Indigenous communities. Not only do irresponsible and exploitative environmental policies harm the physical and financial health of Indigenous communities, they also cause spiritual harm by destroying the land and wildlife that are held in a place of exceptional reverence for Indigenous peoples. Combining elements of legal issues, human rights issues, and sovereignty issues, Indigenous Environmental Justice creates a clear example of community resilience in the face of corporate greed"--

With a long history and deep connection to the Earth’s resources, indigenous peoples have an intimate understanding and ability to observe the impacts linked to climate change. Traditional ecological knowledge and tribal experience play a key role in developing future scientific solutions for adaptation to the impacts. The book explores climate-related issues for indigenous communities in the United States, including loss of traditional knowledge, forests and ecosystems, food security and traditional foods, as well as water, Arctic sea ice loss, permafrost thaw and relocation. The book also highlights how tribal communities and programs are responding to the changing environments. Fifty authors from tribal communities, academia, government agencies and NGOs contributed to the book. Previously published in Climatic Change, Volume 120, Issue 3, 2013.

All life forms on earth are complementary to each other; the existence and survival of one depend on the existence of another, and vice versa. However, no life forms are more dependent on others than human beings. Humans’ very survival is conditioned by the existence of the natural environment and the living things within it. One aspect of this interaction is the central and inescapable role played by human culture in defining the human-nature relationship. This book emphasises that environmental conservation is a matter of moral and cultural ethics. It stresses the fact that existing environmental conservation methods need to accommodate traditional environmental knowledge and practices of different indigenous cultures in order to re-build and restore the bond between humans and nature.