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 hege… - Dina Gilio-Whitaker

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.

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.