The Trust Responsibility and Limited Sovereignty: What can Environmental Justice Groups Learn from Indian Nations?

Abstract

During the 1990s, American Indian Nations assumed regulatory primacy over certain portions of federal environmental laws in the United States. For tribes that have not developed their own standards, the U.S. Environmental Protection Agency (EPA) issued policy statements aimed at incorporating tribal health and natural resources. While many communities of color have to fight to get heard in state and federal permitting processes, the U.S. EPA has made it an explicit mission to always include Indian Nations. Thus, “getting to the decision-making table”—a key goal of environmental justice groups—is presumably serving the interests of tribes seeking environmental justice. However, being involved in regulatory processes, as tribes are, may not be enough for Indian Nations or other communities of color. It is to this end that I write this article—should “getting to the table” be the ultimate goal for environmental justice groups, and how should this table be structured?