Law Commons^™

In The Room Where It Happens: How Federal Appropriations Law Can Enforce Tribal Consultation Policies And Protect Native Subsistence Rights In Alaska, Kieran O'Neil

Washington Law Review

Federal-tribal consultation is one of the only mechanisms available to American Indian and Alaska Native communities to provide input on federal management decisions impacting their subsistence lands and resources. While the policies of many federal agencies “require” consultation, agencies routinely approach consultation as a procedural checklist rather than a two-way dialogue for receiving, considering, and incorporating tribal needs and concerns. Substantive failure to consult is particularly harmful for Alaska Native communities that rely heavily on subsistence resources yet lack treaties to enforce hunting and fishing rights. The Alaska National Interest Lands Conservation Act (ANILCA) contains a “rural priority” provision that …

Climate Change Has Beef With Federal Cattle Grazing, John David Janicek

Washington Journal of Environmental Law & Policy

Increased emissions of greenhouse gases are causing the Earth􏰂s climate to change producing extreme temperatures and dangerous conditions for mankind. Livestock is positioned at a unique juncture of the current and future fight against atmospheric temperature rise. These animals produce the very nutrients a growing world population needs to survive, and the meat they yield plays an important role in all world cultures. Unfortunately, the production of livestock is considered one of the most significant emitters of greenhouse gases, of which cattle is the largest contributor. Therefore, a balance must be struck between livestock production and preservation of the Earth. …

What Should Tribes Expect From Federal Regulations? The Bureau Of Land Management's Fracking Rule And The Problems With Treating Indian And Federal Lands Identically, Monte Mills

Articles

On March 26, 2015, the Bureau of Land management (BLM) published its Final Rule regarding Hydraulic Fracturing on Federal and Indian Lands (Final Rule). Work on the Rule had begun nearly four and a half years earlier as a way to update the agency’s outdated regulatory scheme to account for new fracking technology and growing public concern over the practice and potential safety concerns related to fracking.

The Final Rule amassed a number of procedural and substantive requirements for fracking operations and proposed to apply these standards uniformly to both public lands and lands held in trust by the Federal …