Volume 39, Issue 3
This article examines the Supreme Court’s application of the Indian canons of construction and its use of historical evidence in recent federal Indian law cases, highlighting tensions between differe…
The U.S. Supreme Court has held in Arizona v. Navajo Nation that the federal government is under no obligation to take affirmative steps to help Navajo Nation secure the water rights promised to it u…
The lack of carveouts for Indigenous knowledge in federal and state public records laws disincentivizes Tribal Nations from sharing information invaluable for sound environmental decision-making and…
An overview of recent revisions made by the EPA to its Clean Water Act regulations regarding how Tribal reserved rights are considered when states adopt or revise their water quality standards.
The LandBack movement is as much about land as it is about the restoration of Indigenous well-being.
A conversation on potential Chippewa Cree constitutional amendments to encompass rights in relation to O-kahw-i-no Ah-s-ki-y (Mother Earth).
The designation of the Lukachukai mines on the National Priorities List is historic as the Navajo reservation has over 523 abandoned uranium mines in need of cleanup.
The Te Awa Tupua Act in New Zealand offers valuable lessons for incorporating Indigenous stewardship and extrinsic rights of nature into U.S. environmental law and land management practices.
Guam's experience demonstrates how federal environmental laws can be systematically weakened or circumvented when they conflict with military objectives.
The relentless expansion of tar sands development raises urgent questions about environmental justice, Indigenous rights, and the need for stronger legal protections in Canada.
Effective environmental protection requires more than just sound science and strong laws—it requires drawing upon the deep wells of knowledge held by Indigenous peoples who have lived in harmony with…
It was an honor to serve Wyoming for the last eight years as the first Indigenous woman to be elected to the Wyoming Legislature.
Reviews of the books Disneyland on the Mountain: Walt, the Environmentalists, and the Ski Resort That Never Was; Dawn at Mineral King Valley; and Citizen Justice: The Environmental Legacy of William…
The Department of Government Efficiency could have significant implications for the federal departments and agencies that are most relevant to ABA Section of Environment, Energy, and Resources member…
As interconnected weather events become more common and damaging, the private sector should actively work with communities to develop resilient disaster plans and responses.
Sectorwide habitat conservation plans offer a promising blueprint for achieving large-scale conservation successes while also providing landowners a mechanism to manage Endangered Species Act risk.
This article discusses some of the legal challenges Washington state faces in its efforts to restrict natural gas in new residential and commercial buildings.
In order to encourage large-scale solar development while respecting the authority of local government, states should preempt burdensome local ordinances but not strip away local authority over solar…