The Recognition Dimensions of Environmental Justice in Indian Country

Abstract

Tribal governments have enormous responsibilities to protect the environment for the benefit of their citizens as well as those living within and nearby tribal jurisdictions. One responsibility of great historical significance is to protect against disproportionate impacts of environmental bads like the health effects of pollution and the destruction of sacred sites. Tribal governments will be more capable of preventing environmental injustices the less they are constrained by federal policies and programs that clip their capacity to govern. If you accept this last claim, then a large part of environmental justice (EJ) in Indian country hinges on the structure of government-to-government relations (statutory language, regulatory rules, etc.), the strength of tribal institutions, and the adequate provision of funds for tribal programs through business revenues and grants. There are some important reasons why we should discuss EJ in Indian country from a theoretical standpoint alongside legal, scientific, literary, historical and other standpoints. Theories of EJ serve as the basis for dialogue about what is unfair in particular about an action, policy or program. For example, EJ scholarship has certainly helped to convince others of the procedural and participative dimensions of environmental injustice and has been used as part of the basis for legal and political reforms. Theories are also important for the purpose of giving students in environmental sciences, law and policy, and the social sciences and humanities a morally significant entry point into EJ in Indian country. That is to say, theories give a sense of what some of the needs and purposes are for scientific assessment, regulation, and environmental ethics in specific cases where tribes face EJ issues. Theories of EJ can serve as key components of environmental and sustainability education. EJ theories that incorporate recognition justice will be best suited to evaluating the fairness of government-to-government relations, tribal institutions, and the provision of funds. This paper offers an initial version of a recognition-based EJ theory for Indian Country.