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Vol 21 No 11 Nov/Dec 2016

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Tribes, Land, and the Environment (eBook)

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Edited by: Sarah Krakoff, Ezra Rosser

ISBN13: 9781317006305
Published: May 2012
Publisher: Ashgate Publishing Ltd
Country of Publication: UK
Format: eBook (ePub)
Price: £79.17 + £15.83 VAT
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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.

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Subjects:
Other Jurisdictions , eBooks, USA
Contents:
Introduction, Sarah Krakoff and Ezra Rosser
Towards a trust we can trust: the role of the trust doctrine in the management of tribal natural resources, Alex Tallchief Skibine

Part I Tribal Sovereignty and Environmental Impacts: Control and accountability: the twin dimensions of tribal sovereignty necessary to achieve environmental justice for Native America, James M. Grijalva
The climate crisis, the renewable energy revolution, and tribal sovereignty, Dean B. Suagee
Application of environmental justice to climate change-related claims brought by native nations, Elizabeth Ann Kronk.

Part II Tribal Lands: The promise and perils of renewable energy on tribal lands, waters, and communities, Alison M. Dussias.

Part III Tribal Environmental Protection: Co-operating to protect the Shining Big Sea Water and its siblings: consultation with native peoples in protecting the Great Lakes, Jacqueline Phelan Hand
Tribes as conservation easement holders: is a partial property interest better than none?, Jessica Owley

Part IV Tribal realism and Case Studies: Natural allies: conservationists, Indian tribes, and protecting native North America, Kirsten Matoy Carlson and Robert T. Coulter
The role of Indigenous custom in environmental governance: lessons from the inter-American human rights system, Ghislain Otis

Index.