May

    Defending Tribal Sovereignty: The Ongoing Battle Over "Meaningful Consultation" and Self-Governance Over Natural and Cultural Resources

    12 PM EDT

    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

    Program Overview:
    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.
       
    Join our expert panelists as they discuss the key concepts of government-to-government consultation and its sources in Executive Order 13175, the National Historic Preservation Act, and the federal government’s trust obligation. 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

    This is a non-CLE webinar.
    Participants will not receive CLE credit.

    $45
    NON-MEMBERS
    $35
    MEMBERS
    $25
    SECTION MEMBERS
    Register Now *Additional discounts may apply at checkout

    Log In to view your rate

    Join now to receive additional discounts
    Join and Buy – NOW
    Defending Tribal Sovereignty: The Ongoing Battle Over "Meaningful Consultation" and Self-Governance Over Natural and Cultural Resources

    Event Details

    Format

    Web

    Date

    May 23, 2018

    2018-05-23T12:00:00.000Z 2018-05-23T13:30:00.000Z Defending Tribal Sovereignty: The Ongoing Battle Over "Meaningful Consultation" and Self-Governance Over Natural and Cultural Resources

    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

    Program Overview:
    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.
       
    Join our expert panelists as they discuss the key concepts of government-to-government consultation and its sources in Executive Order 13175, the National Historic Preservation Act, and the federal government’s trust obligation. 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

    This is a non-CLE webinar.
    Participants will not receive CLE credit.

    Sponsors

    Section of Environment, Energy, and Resources

    Related Products

    Related On-Demand CLE