Self-Determining Environmental Justice for Native America

Abstract

Abstract

Modern environmental law in the United States is predicated on federal-state partnerships that did not initially account for pollution and environmental degradation of Native America. The resulting regulatory gap threatened not only the human health of communities of color, but also the ability of indigenous peoples to self-determine their cultural destinies. Tribal self-determination is the nation's Indian policy, sought through government-to-government relationships predicated on the unique legal status of American Indian tribes as governments with inherent sovereign powers over their retained territories. Amended environmental laws now favor tribal self-determination as well; tribal governments are eligible for many of the same federal program roles generally played by states outside Indian country. Comprehensive, fully functioning federal-tribal partnerships, animated by tribal environmental value judgments translated into federally enforceable requirements, provide a promising and culturally relevant opportunity for protecting and preserving the health and welfare of tribal citizens and their land-based indigenous culture.