Guide on Consultation and Collaboration With Indian Tribal Governments and the Public Participation of Indigenous Groups and Tribal Members in Environmental Decision Making
Federal agencies have taken steps to include the public in a wide range of environmental decisions. Although some form of public participation is often required by law, agencies usually have broad discretion about the extent of that involvement. Approaches vary widely, from holding public information-gathering meetings to forming advisory groups to actively including citizens in making and implementing decisions. Proponents of public participation argue that those who must live with the outcome of an environmental decision should have some influence on it. Critics maintain that public participation slows decision making and can lower its quality by including people unfamiliar with the science involved. This book concludes that, when done correctly, public participation improves the quality of federal agencies' decisions about the environment. Well-managed public involvement also increases the legitimacy of decisions in the eyes of those affected by them, which makes it more likely that the decisions will be implemented effectively. This book recommends that agencies recognize public participation as valuable to their objectives, not just as a formality required by the law. It details principles and approaches agencies can use to successfully involve the public.
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.
Despite centuries of colonialism, Indigenous peoples still occupy parts of their ancestral homelands in what is now Eastern North Carolina—a patchwork quilt of forested swamps, sandy plains, and blackwater streams that spreads across the Coastal Plain between the Fall Line and the Atlantic Ocean. In these backwaters, Lumbees and other American Indians have adapted to a radically transformed world while maintaining vibrant cultures and powerful connections to land and water. Like many Indigenous communities worldwide,they continue to assert their rights to self-determination by resisting legacies of colonialism and the continued transformation of their homelands through pollution, unsustainable development, and climate change. Environmental scientist Ryan E. Emanuel, a member of the Lumbee tribe, shares stories from North Carolina about Indigenous survival and resilience in the face of radical environmental changes. Addressing issues from the loss of wetlands to the arrival of gas pipelines, these stories connect the dots between historic patterns of Indigenous oppression and present-day efforts to promote environmental justice and Indigenous rights on the swamp. Emanuel's scientific insight and deeply personal connections to his home blend together in a book that is both a heartfelt and an analytical call to acknowledge and protect sacred places.
Environmental justice is the concept that minority and low-income individuals, communities and populations should not be disproportionately exposed to environmental hazards, and that they should share fully in making the decisions that affect their environment. This volume examines the sources of environmental justice law and how evolving regulations and court decisions impact projects around the country.
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.
Originally published in 2004. Using innovative methodology which considers both social and biophysical parameters to examine a range of mining and mineral production sites (including the controversial Superfund sites in the USA), this book focuses on how environmental regulators, local residents and other stakeholders work together to define the communities affected by environmental hazards and to assess the associated health impacts. It also questions the social factors which frame community-level decision-making about environmental risks, such as shared history, community identity, control in local decisions, distribution of power among local institutions, and participation in decisions about environmental risks and mitigation. The book argues that a better understanding of such factors would not only permit the development of more informed policies, but would also provide opportunities to improve community involvement in mitigation efforts.
Showing professionals how to produce a long-term Integrated Resource Plan for their water utility, this comprehensive manual covers such topics as estimating future water demand, evaluating new sources of water, involvement of stakeholders in the planning process, and dealing with expanding environmental regulations.
Places That Count offers professionals within the field of cultural resource management (CRM) valuable practical advice on dealing with traditional cultural properties (TCPs). Responsible for coining the term to describe places of community-based cultural importance, Thomas King now revisits this subject to instruct readers in TCP site identification, documentation, and management. With more than 30 years of experience at working with communities on such sites, he identifies common issues of contention and methods of resolving them through consultation and other means. Through the extensive use of examples, from urban ghettos to Polynesian ponds to Mount Shasta, TCPs are shown not to be limited simply to American Indian burial and religious sites, but include a wide array of valued locations and landscapes—the United States and worldwide. This is a must-read for anyone involved in historical preservation, cultural resource management, or community development.
