Fridges Of The Pacific Northwest Mac OS

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Abstract

As alarming scientific predictions crystallize into the realities of today's climate crisis, tribal communities in the Pacific Northwest find themselves on the front lines of a global assault launched by the fossil fuel industry. Encouraged by President Trump's declaration of intent to unleash $50 trillion of America's domestic fossil fuels, corporations push for massive expansion of the nation's fossil fuel infrastructure—even as the world races towards irrevocable climate thresholds. The unprecedented onslaught hinges on the Pacific Northwest as a key link in a global market scheme. The coastal region sits as a proposed industrial gateway for huge export facilities transporting coal, oil, and natural gas from interior lands of the United States to Asian markets.

Carbon emissions projected from the proposed fossil fuel development would inflict irreparable damage on the planet's climate system. More imminently, transport of dirty and explosive fossil fuels poses a grave and present threat to both tribal and non-Indian local communities, as demonstrated by the sudden derailment and horrific explosion of a Union Pacific oil train carrying Bakken oil through Mosier, Oregon in June, 2016. Across the region, citizens rise in protest to defeat these proposals in local, state, and federal permit processes, forming a growing resistance called the 'Thin Green Line.' In significant ways, tribes have emerged as key players and powerful leaders in this resistance, staunchly defending the homelands they have inhabited since time immemorial and inspiring the grassroots coalitions to stand behind a 'None Shall Pass' blockade of fossil fuels. The bro mac os.

As the region's original sovereigns and present day co-trustees of essential natural resources, tribes hold several key legal levers that may arrest these fossil fuel infrastructure projects, both on and off their reservations. Tribal legal mechanisms on-reservation fall into two areas: 1) property rights that may provide the basis for tribes to refuse or restrict rights-of-way access across their reservations; and 2) the authority to regulate dangerous activities on their own lands. Off the reservation, tribes are positioned to assert the federal indian trust responsibility and tribal treaty fishing rights in a complex matrix of federal, state, and local permitting schemes.

The existing case law and statutory landscape surrounding all of these legal mechanisms are complicated and interwoven. This article highlights strategic legal avenues available to tribes in both on- and off-reservation contexts. Building on case studies of successful tribal resistance, this article presents analysis for tribal advocates with an ultimate aim to support native nations in their unified efforts to stop fossil fuel trafficking across the Pacific Northwest.

Recommended Citation

Fridges Of The Pacific Northwest Mac Os Catalina

Wood, Mary Christina (2018) 'Tribal Tools & Legal Levers for Halting Fossil Fuel Transport & Exports Through the Pacific Northwest,' American Indian Law Journal: Vol. 7 : Iss. 1 , Article 5.
Available at: https://digitalcommons.law.seattleu.edu/ailj/vol7/iss1/5

Included in

Environmental Law Commons, Indigenous, Indian, and Aboriginal Law Commons, Natural Law Commons, Natural Resources Law Commons, Property Law and Real Estate Commons

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Abstract

Isaac Stevens, then Superintendent of Indian Affairs and Governor of Washington Territory, negotiated a series of treaties with Indian tribes in the Pacific Northwest during 1854 and 1855. A century and a half later in 2001, the United States joined 21 Indian tribes in filing a Request for Determination in the United States District Court for the District of Washington. Plaintiffs alleged the State of Washington had violated those 150-year-old treaties, which remained in effect, by building and maintaining culverts under roads that prevented salmon passage. This litigation eventually reached the Ninth Circuit Court of Appeals, which held in favor of the Tribes. Washington would have to replace all barrier culverts across the state with salmon-friendly alternatives, a multi-billion-dollar undertaking. Considering the scope of this decision and its potential impacts on Indian law, treaty interpretation, and environmental law, the United States Supreme Court granted Washington's petition for certiorari at the beginning of 2018 to have its own say in those matters. The Court, sans a recused Justice Anthony Kennedy, heard arguments on the case in April 2018 and issued its decision in June.

Included in

Administrative Law Commons, Agriculture Law Commons, Animal Law Commons, Cultural Heritage Law Commons, Energy and Utilities Law Commons, Environmental Law Commons, Indigenous, Indian, and Aboriginal Law Commons, Land Use Law Commons, Natural Resources Law Commons, Oil, Gas, and Mineral Law Commons, Science and Technology Law Commons, Water Law Commons

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

Fridges Of The Pacific Northwest Mac Os X

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.