Jump to Navigation
Jump to Content

Indigenous People

Fighting for Air in Indian Country: Clean Air Act Jurisdiction in Off-Reservation Tribal Land

Acting under its Clean Air Act (CAA) authority, the U.S. Environmental Protection Agency (EPA) has attempted to regulate air quality on behalf of Native American tribes. However, the D.C. Circuit—in reviewing EPA’s tribal CAA rules—...

Understanding the Government-to-Government Consultation Framework for Agency Activities That Affect Marine Natural Resources in the U.S. Arctic

Alaska Natives work with the federal government in managing resources in the Arctic. Federal consultation with tribes is one of the ways that such cooperative management can be achieved. Existing federal-level policies require...

Existence and Persistence: Preserving Subsistence in Cordova, Alaska

Ordinary existence in Cordova, Alaska, illustrates an extraordinary range of subsistence practice. Despite cataclysmic disruptions to include the arrival of whites and the Exxon Valdez Oil Spill, the practice continues to...

Hold On to Tribal Sovereignty: Establishing Tribal Pesticide Programs That Recognize Inherent Tribal Authority and Promote Federal-Tribal Partnerships

The weak tribal/federal partnership in regulating pesticide pollution can be strengthened by building pesticide programs that recognize tribal inherent authority and enhance the opportunities for tribal members and non-members to learn...

Treaty-Guaranteed Usufructuary Rights: Minnesota v. Mille Lacs Band of Chippewa Indians Ten Years On

In Minnesota v. Mille Lacs Band of Chippewa Indians, the U.S. Supreme Court unanimously held that U.S. treaty negotiators severed the perpetual right to use land from formal title to the land in an 1837 (and 1854)...

The Evolving Path Toward Achieving Environmental Justice for Native America

Editors' Summary

A lack of fully functioning regulatory programs has long been the primary obstacle to achieving environmental justice in Native America. EPA recognized that challenge some two decades before the environmental...

Global Climate Change: A Serious Threat to Native American Lands and Culture

Editor's Summary: During the past decade, public perception of global climate change has transformed from a gloom and doom scenario not to be taken seriously to a nearly universally recognized peril to the planet. Native Americans,...

<i>Gayanashogowa</i> and Guardianship: Expanding and Clarifying the Federal-Tribal Trust Relationship

Editor's Summary: The Onondaga Nation of New York is currently involved in a lawsuit seeking to nullify a series of treaties executed by the state of New York and thereby assert title to over 3, square miles of land in Central New York...

Restoring the Abundant Trust: Tribal Litigation in Pacific Northwest Salmon Recovery

Editors' Summary: Tribal fishing economies that survived thousands of years are now on the brink of collapse. Tribal harvest in the Columbia Basin today is less than 1% of what it was in aboriginal times, and in the Puget Sound region,...

The Interior Department's Water 2025: Blueprint for Balance, or Just Better Business as Usual?

The U.S. Bureau of Reclamation (USBR or the Bureau) observed its centennial in 2002, and celebrated 100 years of building dams and supplying water for irrigation and other purposes in the western United States.1...