New frameworks of justice can be realized as we speak into existence a habitable future for life on this planet. - Dina Gilio-Whitaker

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.

We need to imagine new frameworks for law and policy that articulate with specificity what Native people envision as a more just system, one that accurately represents our interests. This can best be accomplished by reinforcing the inherent sovereignty of tribal governments — recognizing our nationhood and political relationship with the U.S.

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.