Indigenous peoples and the power(lessness) of public participation: Assessing effects of Indigenous community input in the Alaskan Coastal Plain oil and gas leasing program environmental impact statement

Abstract

Public participation in the U.S. environmental impact assessment process is legally required under the National Environmental Policy Act, yet the procedural norms of the process often leave members of the public feeling powerless. While public participation has the appearance of a democratic process, it is imbued with unequal power dynamics and federal agencies maintain decision-making authority. Despite sovereignty and treaty rights, Indigenous communities in the U.S. do not participate in environmental decision-making through a collaborative governance structure. Instead, Indigenous communities interested in project impacts primarily voice their concerns through the public comment process. This paper explores Indigenous participants’ impacts on environmental impact decision-making through an illustrative case study structure. The phenomenon is explored in an in-depth analysis of the recent leasing environmental impact statement (EIS) for oil exploration and development in the 1002 Coastal Plain area of the Arctic National Wildlife Refuge in Alaska. This work uses a qualitative content analysis of the Coastal Plain case study to assess how public comments, particularly comments from Indigenous peoples, impact change in the documents that follow public participation processes. From this analysis, this article aims to illustrate a few key issues with how Indigenous input is considered in public participation processes. Findings indicate that public comments may result in minor changes to assessment documents but, overall, public input has little influence on project outcomes.