Although federal law acknowledges the inherent sovereignty of Native nations through centuries of treaty relationships and often works in partnership with them through shared power, it is nonetheless a restricted form of sovereignty animated by imperialist legal foundations: the doctrine of discovery, domestic dependent nationhood, and the plenary power doctrine. These doctrines control Native peoples' lives and resources via intense regulation by the United States Bureau of Indian Affairs, meaning that Native people are more legally managed than all other people in the country, and arguably unconstitutionally contrary to the original treaty-based relationships. These are all constituent parts of what constructs the US domination-based legal paradigm.

The imperialist roots of federal Indian law present daunting obstacles to justice for American Indians. If American Indians are to experience real environmental justice-which means not only ending the poisoning of their environments but also regaining access to and protection of their sacred sites and ancient territories-it means confronting a "state built on the pillars of capitalism, colonialism, and white supremacy." The confrontation must occur at all levels, from the individual to the institutional, and ultimately dismantle the legal, social, and policy frameworks that uphold an ongoing system of domination. Indigenizing environmental justice in these ways goes beyond a distributive model of justice.

I am very skeptical about Native people’s ability to find justice in the settler system because it is a system created not by us and not for us, ultimately to disappear us. I think some good can come from working within that system, but it remains to be seen what large-scale positive impact it can have.

Since 2008, the rights of nature (RON) approach has helped activists in Ecuador, Bolivia, India, and New Zealand imbue nature with legal rights in much the same way American courts have given rights to corporations. These laws have been instrumental in protecting ecosystems inherent in natural landscapes like mountains and rivers. Ecuador in 2008 and Bolivia in 2009 went so far as to rewrite their national constitutions to include RON in their legal frameworks. This new language is based on Indigenous worldviews rooted in right relationship with nature and buenvivir, the good life. New Zealand (known as Aotearoa to the Maori, who are the Indigenous people of New Zealand) did not amend their constitution but instituted other legal mechanisms to grant personhood to the Whanganui River and Te Urewera National Parks in 2013. Following the In a neoliberal, market-fundamentalist world, a federal government controlled by conservatives has historically meant deregulation and the prioritization of industry over the protection of the environment.

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we have this concept of privilege that we understand through the lens of race, which again is also highly inadequate because the settler-colonial project was not about racism. It includes it, it involves it, but land theft and genocide was for acquiring land for the sake of land itself, not for the exploitation of bodies in the same way that chattel slavery was. So, these are really two big, different animals, and the problem is that they get conflated. When we talk about subsuming Native issues of justice under this umbrella of race, it is in a way that does harm and disservice to Native people and makes illegible Indigenous struggles for decolonization and justice.

On the national level, the Green New Deal is a step in the right direction toward building environmental justice into climate change policy. And as Iʼve written about elsewhere, there are steps that can be taken to “Indigenize” it, thus making it more responsive to Indigenous issues. This would include explicit recognition of Indigenous nationhood and political relationships to the US (not based on race), and the affirming of TEK as a methodology for tackling climate change. The GND is modeled after FDRʼs New Deal, which is always celebrated as progressive action that lifted the US out of economic depression through infrastructure development projects like dams and extractive industries that put people to work. Whatʼs far less acknowledged, however, is how much environmental and cultural death and destruction all that development wreaked on Indian country. We see a similar pattern occurring globally in the realm of “sustainable” development, which has given rise to a modern global land rush that impacts Indigenous communities the most. Ultimately, unchecked capitalism is the problem and we need to heed the research that connects cultural diversity with biodiversity if we are to avoid the worst impacts of climate change.

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for us as Native people, “diversity, equity, and inclusion” is not what we are working towards. It has to be anti-colonial. Any diversity and equity or anti-racist work that doesn’t include an anti-colonial commitment just perpetuates further erasure. We need to have the language for that.

We have to talk about policy and specifics as we look at the big picture of Indigenous liberation, because ultimately we have to engage with the hegemonic powers. Thereʼs no getting around that. Plus, how are you going to implement all these great ideas without tribal governments?

Given the habitual whitewashing of history and dismissal of tribal nationhood, Indigenous peoples are not adequately acknowledged in environmental justice policy and the law. Maintaining a measured separateness helps avoid historical erasure and the tendency to conflate Indigenous peoples with other settler and immigrant populations. It also moves lawmakers and the public toward a better understanding of environmental justice and tribal self-determination.

What is it going to take to build a system that affirms life for everyone that’s not built on the death of other people and the death of the environment and other species? This is what’s being asked of us and it means we all have to look at whatever privilege we have and who sacrificed for that.

Europeans brought with them a worldview that was built on the domination of the natural world. We find ourselves, as a result, in the middle of a sixth mass extinction event. And so how do we shift that? This is where indigenous knowledge is so important. Native people understand the world in a whole different way. We understand ourselves as related and part of this web of life. We have to change our relationship to the natural world. And this is where Native people and Indigenous knowledge have so much power to effect that change. Part of indigenizing environmental justice is infusing environmental justice with this indigenous worldview, with traditional ecological knowledge so that we can create these changes.

From an American Indian perspective, we're all on the reservation now. In the past few decades it has become crystal clear that, as "the people," our common enemy is the entrenched corporate power of Big Oil and other toxic industries that buy political influence to protect their own corrupt interests in collusion with government, all in the name of democracy. This has come at the expense of countless marginalized people world-wide. In the US, that has always meant Indigenous people, other people of color, and those having low incomes.