The imperialist roots of federal Indian law present daunting obstacles to justice for American Indians. If American Indians are to experience real en… - Dina Gilio-Whitaker

As its history with American Indians has shown, the US complies with laws it makes or agrees to only haphazardly at best, and often not at all. Indians have always had to fight to defend their lives, lands, and treaties. Resistance became a way of life a long time ago; only the tactics change. The federal government has never relinquished power over Native people without a fight, and the degree to which it has is directly attributable to work initiated by Native people themselves. In other words, more than any "granting" of rights by the United States, it is their bold assertions of self-determination, aided at times by powerful allies, that accounts for progress Native people have made in their relationships with the United States over the last century. Indigenous peoples have learned that no one is coming to save them, just as environmentalists have learned that their American legal system is a rigged game against the environment and their own communities. This is a pattern engrained by the forces of white settler colonialism and domination paradigms, but the growing sophistication in using education, law, and politics to advance tribal self-determination will continue to build a wall of defense against environmentally destructive corporate and government encroachments. There is no denying that the fossil fuel industry as we once knew it is dying. Even as its government puppets desperately grasp to hold on to power as the final drops of oil and gas are sucked from the Earth, the last chunks of coal are wrenched from the ground, and the nuclear industry continues to perpetuate the lie of its comparable cleanness, effective partnerships with allies in the environmental movement will provide the best defense for the collective well-being of the environment and future generations of all Americans, Native and non-Native alike. In the long run, environmental justice for American Indians is environmental justice for everyone... and for the Earth herself.

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.