Defending Tribal Sovereignty: The Ongoing Battle Over "Meaningful Consultation" and Self-Governance Over Natural and Cultural Resources (On-Demand CLE)

Defending Tribal Sovereignty: The Ongoing Battle Over "Meaningful Consultation" and Self-Governance Over Natural and Cultural Resources (On-Demand CLE) — CLE 90 min

Learn about 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. Hear our experts discuss the key concepts of government-to-government consultation and its sources in Executive Order 13175, the National Historic Preservation Act, the federal government’s trust obligation, and more.

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Available for credit

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Available for credit

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

Substantive Law

Status:

Available for credit

1.50 credit hours

Available until:

03/25/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

03/25/2022

1.50 total credit hours including

General

Status:

Available for credit

1.50 credit hours

Available until:

04/24/2022

1.80 total credit hours including

General

Status:

Self apply

1.80 credit hours

Available until:

05/22/2021

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

02/28/2021

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Self apply

1.50 credit hours

Available until:

03/25/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2021

1.50 total credit hours including

General

Status:

Applied for

1.50 credit hours

Available until:

03/25/2022

1.50 total credit hours including

General

Status:

Self apply

1.50 credit hours

Available until:

03/25/2022

1.50 total credit hours including

General

Status:

Applied for upon completion

1.50 credit hours

Available until:

03/25/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.80 total credit hours including

General

Status:

Available for credit

1.80 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Available for credit

1.50 credit hours

Available until:

04/24/2022

1.80 total credit hours including

General

Status:

Reciprocity

1.80 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

Areas of Professional Practice

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Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

03/25/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Applied for

1.50 credit hours

Available until:

12/30/2020

2.00 total credit hours including

General

Status:

Approved

2.00 credit hours

Available until:

04/24/2022

1.50 total credit hours including

Substantive

Status:

Available for credit

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Applied for

1.50 credit hours

Available until:

03/25/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2021

1.50 total credit hours including

General

Status:

Available for credit

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Applied for upon completion

1.50 credit hours

Available until:

03/25/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2021

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Approved

1.50 credit hours

Available until:

04/24/2022

1.50 total credit hours including

Law & Legal Procedure

Status:

Applied for

1.50 credit hours

Available until:

03/25/2022

1.80 total credit hours including

General

Status:

Approved

1.80 credit hours

Available until:

04/24/2022

1.50 total credit hours including

General

Status:

Self apply

1.50 credit hours

Available until:

03/25/2022

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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.

Sponsored by:
Section of Environment, Energy, and Resources, and the Section's Committee on Native American Resources

Section of Civil Rights and Social Justice and the Section's Environmental Justice Committee

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

Moderators

Panelists

Claudia Nissley, Jeremy Joseph Patterson, Robert L Hershey IV

Sponsors

Section of Environment, Energy, and Resources

Product Code

NR180523OLC

Duration

90

Publication Date

5/23/2018 12:00:00 AM

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