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The Dakota Access Pipeline, Bears Ears National Monument, de-listing of the gray wolf and the Greater Yellowstone Ecosystem Grizzly Bear, and the Bureau of Land Management’s rule regulating hydraulic fracturing on Federal and Indian land. These high-profile courtroom dramas are about more than the protection and use of natural resources: they encapsulate the ongoing struggle between tribes and federal agencies over the government’s obligation as trustee to engage in “meaningful consultation” about actions impacting Indian Country. These developments are just the latest in a centuries-long debate about the meaning of tribal sovereignty, and they offer an indigenous perspective into the promise of true environmental justice.
Government-to-government consultation is an amorphous concept, cobbled together from executive actions, statutes protecting historic and cultural artifacts, and assorted agency-driven policies and directives. It is even the subject of proposed legislation to clarify, once and for all, the federal government’s responsibility to involve the nation’s 573 tribal governments in agency decision-making that directly affects their rights, lands, and values. This is an issue that cuts across multiple practice areas—administrative law, environmental law, civil rights, and the federal government's trust responsibility to Indian tribes.
Our panel will evaluate the latest developments and offer perspectives on how tribes can take the lead in defining meaningful consultation and building their own capacity.
Moderator:
Sarah Krakoff, Raphael J. Moses Professor of Law, University of Colorado Law School, Denver, CO
Speakers:
Robert A. Hershey, Professor Emeritus, Indigenous Law & Policy Program, The University of Arizona James E. Rogers College of Law, Tucson, AZ
Claudia Nissley, President, Nissley Environmental, Inc., Longmont, CO
Jeremy J. Patterson, Partner, Fredericks, Peebles & Morgan LLP, Louisville, CO
Claudia Nissley, Jeremy Joseph Patterson, Robert L Hershey IV
Section of Environment, Energy, and Resources
NR180523OLC
90
5/23/2018 12:00:00 AM
Publications | Book
The Road to Independence: 101 Women's Journeys to Starting Their Own Law Firms
Publications | Book
Zero Tolerance: Best Practices for Combating Sex-Based Harassment in the Legal Profession
Publications | Book
The Law of Green Buildings: Regulatory and Legal Issues in Design, Construction, Operations and Financing
Jul
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The goal of pipeline programs is to ultimately increase diversity within the legal profession. But is it time to re-evaluate the path toward that goal. This program will feature presentations from th…
Apr
27
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50th Spring Conference on Environmental Law
BIAS 60 min
Since 1971, the Spring Conference has been a leading forum for the discussion of current issues in environmental, energy, and resources law. The milestone 50-year anniversary of the Spring Conference…
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22
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ADA Compliance and the Continuing Challenge of Internet and Website Accessibility [CC]
CLE 60 min
When does your Internet site have to comply with the ADA, what does it mean for an Internet site to be, "ADA compliant" and recent developments in the field, such as the proposed On-line Accessibilit…