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Showing posts from March, 2021

Legacy of Federal Control

 Second in a series of essays about federal regulation over Native nations. Author Monte Mills, University of Montana School of Law. This one is a harder read, covering all sorts of issues around land: ownership, leasing, mining, right-of-ways, water. The official structure of federal history makes it look like tribal consultation is required, but that doesn't always happen and it doesn't mean that consent has been required. And even worse, the required payments to tribes has not been enforced (perhaps another article will cover the hard-fought for and eventually landmark Cobell Settlement) https://www.theregreview.org/2021/03/16/mills-legacy-federal-control-indian-country/

Complicated Environmental Regulation in Indian Country

 I’m posting a daily series of essays in part so I can find them again. Credit upfront, these are from ‘The Regulatory Review,’ a publication of the Penn Program on the Environment.  This first author is Elizabeth Kronk Warner, Dean of the University of Utah College of Law. As an essay, it is relatively brief but it has dozens of hyperlinks to follow for more specifics. Overall, the author quickly shows examples of how tribes are generally deemed powerless, overlooked, and stepped on. Notice how many times court cases are cited; native nations constantly have to go to court to try to uphold their rights.  https://www.theregreview.org/2021/03/15/kronk-warner-environmental-regulation-indian-country/